Phelan v. Miller

HONORABLE WM. H. POORMAN, District Judge,

sitting in place of MR. CHIEF JUSTICE CALLAWAY, disqualified, delivered the opinion of the court.

This is an action in conversion. Judgment was entered for defendants and plaintiff appeals therefrom. The complaint is in two counts, both of which relate to the same indebtedness and the same transaction. In so far as necessary to present the question here considered, it is alleged, in substance, that on the twentieth day of October, 1917, one R. D. Beckner made, executed and delivered his two certain promissory notes to the plaintiff, wherein he promised…