Blair Milling Co. v. Fruitiger

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the Blair Milling Company to recover from A. H. Fruitiger upon two promissory notes, one for $2,000, dated February 13, 1912, and the other for $80.75, dated June 10, 1912. The notes were executed by M. J. Hart, M. L. Hart and the defendant, A. H. Fruitiger. Neither of the Harts could be served with process and the case proceeded against Fruitiger alone. The defendant prevailed and plaintiff appeals.

Fruitiger admitted the execution of the notes, but set up three defenses. First, that the notes were given to…