Stratton v. Nye

This suit was brought by James W. Stratton against W. A. Nye and David Fraser upon a promissory note for $204, purporting to be signed by them, payable to the order of C. W. Sauford, and by him indorsed to the plaintiff. No service of summons was had upon Nye, nor did he appear to the action. Fraser answered by a general denial, his defense being that the note, as to him, was a forgery. There was a trial to a jury with a verdict and judgment in favor of the answering defendant, to reverse which the plaintiff brings the cause to this court on error.

Error is alleged in that the court permitted,…