Brady v. Phillips Mule Co.

1. The rule of law, that, where payment upon a written evidence of debt is made to one who purports to act as the holder’s agent but fails to produce the writing, the burden is upon the debtor to prove the agent’s authority to receive the payment (Civil Code of 1910, § 3578), has no application where payment on a note payable to a partnership is made to one. of the partners. In such a case, upon proof of the partnership, the payment is binding-against it, even though the paper itself was not produced at the time the payment was made. Civil Code (1910), §§ 3180, 3179, 3172.

2. Where, under a…