Fransham v. Tow Bros.

-This is an action to recover on a negotiable promissory note executed on October 7, 1920 in the sum of $5,000 payable to Ernest Melberg and signed by Tow Bros., a partnership consisting of Gus H., Line, and Chester Tow. Gus H. Tow died subsequently to the execution of the note and Bertha Tow, as administratrix, was substituted. Nominally the plaintiff sues in his individual capacity, but his petition alleges that he is “the holder and owner of said note in trust.” It is further pleaded, and the evidence so shows, that prior to the maturity of the note the payee, Melberg, indorsed and trans-*1083f…