
    John W. Hereford v. William Lake et als.
    In a suit upon a duo bill, wlioro there mis a vai-iiini’c lictwron tho initials of the. name with which the bill was signocl, and tho allegation of tho petition to tho name of the person by whom the bill was drawn — : That a judgment of nonsuit should bo rendered, unless the plaintiff amend his pleadings or at least adduce proof of the fact that they were the same person
    APPEAL from tho Second District Court of New Orleans, Morgan. J.
    
      George L. Bright, for plaintiff.
    
      C. B. Singleton, curator ad hoc, for defendants and appellants.
   Duffel, J.

This is an appeal taken from a judgment confirming a default.

The petition charges in substance, that George Wilson, R. P. Crump and William Lake, owners of the steamboat Grenada, are, m solido, indebted to tho petitioner, in the sum of $1000, the amount of a due bill annexed to tho petition and signed by W. P. Crump master of said boat, who was by the owners authorized to sign such bills.

The default was confirmed without any other evidence than the due bill, and it is contended, in this court, by the appellee, thafthe signature to the bill is that of the appellant R. P. Crump.

The pleadings should have been amended, or tho appellee should, at least, have adduced proof of tho facts now disclosed. Having- failed to do either, ho must be non-suited.

The decision in the ease of Davis, adm’x. v. Davis, 8 An. 91, is not applicable to the one at bar.

It is, therefore, ordered, adjudged and decreed, that the judgment of tho District Court be reversed, and that ours be in favor of the appellants, as in case of non-suit, the plaintiff paying the costs of both courts.  