Shear v. Succession of Cooper

YARRUT, Judge.

This is an appeal by plaintiff from a judgment denying him recovery on five promissory notes, totalling $10,500, signed “Court of Two Sisters — per Dolores Cohen.” The “Court of Two Sisters” was a trade name employed by James L. Cooper, decedent, and the present suit was brought against the administratrix of his succession more than one year after his death.

The trial court refused to receive parol evidence that Dolores Cohen, who signed the notes, was the general manager of the business and was authorized generally to sign checks and promissory notes. We agree with the trial…