Reith v. Lullmann

Thompson,'J.,

delivered the opinion of the court upon a motion for a rehearing.

A motion for rehearing filed in this case asks our attention to two questions which were not discussed at large in the opinion, though they were carefully considered by us before the opinion was rendered. These questions are, first, that Mr. Howard, to whom the promise was made by Miller in 1877, to pay the debt, was not, at the time, acting as the agent of the plaintiff. We did not and do not feel any difficulty on this point. He had possession of the evidences of the prior indebtedness to the plaintiff. He had…