McCarty v. Emerick

Opinion by

James, J.,

The court below made absolute a rule to open a judgment on a non-negotiable judgment note, dated July 26, 1930, in the sum of $100. Depositions were taken in support of the rule by the petitioner but no testimony was offered by 'respondent, The depositions in support of the rule estab lished that C. B. McCarty, of - Columbus, Ohio, the original payee of the judgment note, represented to George H. Emerick, defendant, and others, that he was in the business of selling Belgian stallions; that he sold to an association of men, of whom George Emerick was one, a registered…