Fort Dearborn National Bank v. Berrott

FLY, Associate Justice.

Appellant instituted suit against George Berrott and Ben Schuster, doing business under the firm name of Berrott & Schuster. The suit was subsequently dismissed as to Schuster. Berrott pleaded non est factum, and that the note was executed by Ben Schuster without his knowledge or consent, and was not executed for any debt due by Berrott or his firm, and that said note was indorsed to appellant after its maturity. The cause was tried by jury, and a verdict was instructed for appellee.

It was proved that George Berrott and Benjamin Schuster composed the firm of Berrott &…