State ex rel. Auto Finance Co. v. Joseph Nesser Motors, Inc.

WOLFE, Judge.

This is an action upon a warranty of a note secured by a mortgage on a used car purchased from the defendant company. The defendant warranted that “ * * * the signature of the purchaser and/or endorser, maker or comaker is/are genuine; * * The plaintiff contended that one signature was a forgery. The court directed a verdict for the defendant, and the plaintiff prosecutes this appeal.

The action was originally brought against a notary public, charging him with a false acknowledgment, and against his bonding company and the present defendant. Upon the trial prior to the one here…