In re Chinese Temple Restaurant Co.

JONES, District Judge.

The blank on which is -indorsed the sworn statement of the unpaid sum appears to be a different type of contract from that containing the conditions and executed by the parties. The sworn statement here is not on the instrument, and could be readily removed without mutilation. No reason appears why the statement or affidavit was not placed on the instrument, as required by section 8568, General Code of Ohio. There is nothing in the affidavit that identifies it with the contract executed, except that it is fastened thereto by wire staples and bears the same filing date of…