
    
      Mary A. Quarles v. Edward Collier.
    
    The plaintiff, as Mary A. Quarles, sued on a note made payable to M. A.'
    
      Quarles — held that the possession of the note, by the plaintiff, rendered the initial letters sufficient.
    
      Before Wardlaw, J. at Abbeville, Spring Term, 1848.
    The plaintiff, by the name of Mary A. Quarles, in her summary process, set forth that the defendant was indebted to her by a note, under seal, of which a correct copy was given. The note was produced, and the hand-writing proved. The defendant moved for a non-suit, because the note was payable to M. A. Quarles, and it did not appear that the plaintiff was the payee. The Circuit Judge ruled that the possession of the note, by the plaintiff, rendered the initial letters, which were used, sufficient, and refused the motion.
    The defendant renewed his motion for a non-suit, in the Court of Appeals, on the ground that the allegata and pro-bata do not agree.
    
      Jones, for the motion.
    
      Thomson & Fair, contra.
   Wardlaw, J.

delivered the opinion of the Court.

The count is in effect that the defendant made his obligation payable to the plaintiff, by the name of M. A. Quarles. The name thus expressed by initials, indicated the plaintiff according to familiar usage, and accompanied by the plaintiff’s possession of the obligation, was certainly prima fade evidence of the allegation.

The motion is refused.

The whole Court concurred.

Motion refused.  