German Savings Etc. Society v. Collins

Action op Quia Timet—Orders Repudiated as Forgeries—Finding as to Genuineness—Keview upon Appeal.—In an action of quia timet to determine the liability of the defendants upon orders drawn upon the plaintiff corporation and paid by it, which purported to be signed by the superintendent of the defendants, and which the defendants repudiated as forgeries, where the court found that the checks were genuine, and were authorized by the defendants, such finding is conclusive where no motion for a new trial was made and the appeal was taken more than sixty days after the entry of the judgment.

Id.—Unfairness in Taking Deposition—Error, without Injury.— Alleged unfairness to appellants in the taking of the deposition of. their defaulting bookkeeper, who obtained the money upon the order in question, consisting of his refusal, upon the advice of counsel, to answer certain questions upon cross-examination, and alleged error in admitting the deposition, cannot be injurious error, where the testimony of the witness related only to his disposition of the moneys received by him, and not to the genuineness of the orders, and it is manifest that if the deposition had been excluded, and any finding thereon eliminated, the judgment must he the same upon the conclusive finding as to the genuineness and authorization of the orders.