Hunt

This is an action brought to recover judgment against the defendant on a promissory note alleged to have been made, executed, and delivered by the defendant on the twenty-fifth day of September, 1907, to the Duquesne Brewing Company, a corporation, for the sum of ten thousand dollars, subsequently delivered as collateral security to the Fidelity Investment Company, and by further transfers, hereinafter set forth, eventually becoming the purported property of this plaintiff.

In this, as in all cases, our first query is not, “Is there error in the record?” but, rather, “Is there prejudicial error?” or “Is the judgment just?” In quest for the correct ánswer to the latter inquiry, it will be necessary, we think, to set forth briefly a statement of the case, as disclosed by the record.

It first appears that on September 25, 1907, this defendant, as the result of certain representations made to him by an agent of the Duquesne Brewing Company, a corporation—the payee named in the note hereinafter referred to—executed and delivered to said brewing company a certain subscription for two hundred shares of stock in said corporation, which subscription reads as follows, to wit: “I, the…