Davis v. Carpenter

Balcom, Justice.

This action is brought to recover the amount of three promissory notes. The plaintiff, in his complaint, alleges he is the owner and holder of the notes, which are payable to Alvah Davis or bearer.

The defendant, in his answer, denies the allegations in the complaint,'and sets up the deferice of usury to two of the notes. He now offers to prove that the plaintiff has no personal interest in the notes, but holds them as the committee of the person and estate of Alvah Davis, the payee named therein, who is an habitual drunkard. He desires to .make this proof to authorize- him to…