Exchange Bank v. Veirs

BUCKLES, J.

This is an action to recover on two promissory notes, one dated January 21, 1901, for $200, and one dated March 30, 1901, for $300, both notes alleged to have been given by L. L. Veirs and Annie Veirs, and payable to the Exchange Bank. L. L. Veirs was not served with summons, personally or otherwise, and made no appearance; the service of summons was on Annie Veirs, solely, who appeared and answered for herself only. By her answer she denied that she signed, or authorized anyone to sign, the said notes, and avers that she had no knowledge of the signing and delivery of either of the notes mentioned, and also avers that if such notes were in existence with her name appearing

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thereon, that it was forged and that she had never in any way permitted, or acknowledged, or ratified the signing or delivery of either of the said notes, and denied being indebted thereon to plaintiff. The case was tried by the court without a jury. The findings of the court were that both of the said notes were signed and delivered by both of said defendants to the said Exchange Bank in consideration of the principal sum named in each having been loaned by plaintiff to defendants; that her name was not forged, but was signed by her, and that she authorized the delivery of the said notes; and that the signing and delivery thereof were all known to her, and done with her authority and consent, and that she signed her name as maker of said notes; that the plaintiff was the owner and holder of said notes, and that the demand prayed for is now due and unpaid. When plaintiff rested its ease, defendants moved for a nonsuit, which was denied. Judgment was for the plaintiff and against the appellant. The appeal is from the judgment and from an order denying a new trial. The appellant attacks each one of the findings on the ground that the evidence does not justify them. The evidence comes up in a bill of exceptions. There are a great many assignments of error as to the admission of testimony, but from the view we take of this case, it will not be necessary to examine many of them.

Nonsuit: The plaintiff had proved itself to be the owner and holder of the notes; had produced testimony tending to show a due signing and execution of the notes by the appellant, and delivery to it; that the notes were due and unpaid; and placed said notes in evidence and had thus made out a