Late in the fall, I paid in at one time, one thousand nine hundred dollars, through a firm who owed me that amount, and who gave their notes to -- -- on short time, which notes were paid.

A short time after this, knowing that I had no more money to put into the business, he undoubtedly thought it time to do what he had intended to do at a suitable time from the beginning.

One day when I was unwell and confined to the house, a man who had a claim against the company, called on -- -- to make a settlement.

Before this time he had made two payments on this same account, but he now told this man that there never had been such a company, and that he would never pay it--while at the same time, he had the same property which the man offered to take back but which he had refused to give up, and said that I had no right to use the name of -- -- & Co.

This was after he had been using the name for me in drafts and notes, and all other business transactions, for more than eight months.