Anderson v. Walter

Marston, J:

Plaintiffs in error, claiming to be Iona fide holders of a negotiable promissory note executed by the defendant, brought an action of assumpsit to recover the amount, thereof. The defendant pleaded the general issue, and filed therewith an affidavit, setting forth that the signature to the note declared upon he believed to be his, but that the same was procured under circumstances, fully set forth, which would render him not liable thereon.

■Upon the trial, after plaintiffs had introduced evidence tending to show that they were Iona fide holders, which was not disputed, the…