Homer S. Head v. A. A. Wollmann, Jr., A. A. Wollmann, Jr. v. Homer S. Head

RIVES, Chief Judge.

This action was brought by the appel-lee, Wollmann, against the appellant, Head, and also against one Adler Edmis-ton upon a promissory note in the prin*299cipal amount of $50,000 signed “Adler Edmiston, Trustee.” The complaint alleged that in executing and delivering the note, Edmiston acted on his own behalf and as agent for Head and also for one Gordon B. Butterfield, who was not sued. The ease was tried to the court without a jury. At the conclusion of the evidence, the plaintiff, with leave of the court, filed an amended complaint to conform to the evidence.1 The amended…