Holden v. Bloxum

Handy, J., delivered

the opinion of the court.

This action was brought upon a promissory note, alleged to have been made by H. P. Holden and James Ware, and so signed by • them, to A. J. Barker, or hearer, by whom it was transferred by delivery, to the plaintiff below. The suit was dismissed as to Ware, and Holden pleaded non est factum.

It appears, by the evidence set forth in the record, that Holden and Ware were partners in keeping a livery stable, and in trading in horses and mules, at the time of the date of the note.

Runnels, a witness for the plaintiff, testified that Ware and Barker came…