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Two persons being joint creditors in a bill, and charging thereon, a bill for the precise same debt was produced by the debtor, retired, and given up by one of the partners, which occasioned mutual processes of improbation.
The bills, upon production, appeared the one signed by both drawers, and with the acceptation; the other signed by one of the drawers, and the place of acceptation torn off.
The charger alleged, The bill accepted was brought to him by the other drawer, to which he adhibited his subscription, and deposited it in the hands of a third person; but he did not know whether the acceptance might not have been forged by his partner, who had since absconded, and had perhaps received the money, on giving up the other draft by himself, which might have been the one truly accepted; and he offered to abide by, with this quality, to wit, the truth of his own subscription, and that it was so delivered to him.
