King

This is an action to recover on a check for five thousand dollars. Defendant appeals from a judgment for plaintiff. The cause was tried by a jury.

Two brothers, John and Barney Tarabino, owned and operated an apartment house known as the Owen Apartments, John, although a man of little education, being the manager of the place. The funds of the business were deposited in bank in an account against which cheeks were drawn over the signature, “Owen Apartments, By John Tarabino. ’ ’ John Tarabino also carried an account in bank in his own name in which his individual funds were deposited. The check which is the basis of the action was originally signed, in the handwriting of John Tarabino, as follows: “Owen Aparment, By - John Tarabino.” All other written matter on the instrument, the date, respondent’s name as payee, and the amount, both in figures and words, was in the handwriting of respondent. The words “Owen Aparment,” in the signature, were stricken out by several straight lines drawn longitudinally through them, so that the signature was finally left, below the expunged words, thus: “By John Tarabino.” John having died, the check was, two months after that event, presented for…