Shank v. Butsch

— Butsch sued Shank on a promissory note for §150. The complaint also contains a paragraph on an account stated for the same sum. The note is in the usual form, except that it is signed thus: “XXXJ oseph Shank.”

The defendant answered in two paragraphs. The first is a general denial to the whole complaint. The second denies the execution of the note set out in the first paragraph of the complaint, and alleges that it is a forgery. The latter paragraph is sworn to. Trial by jury, and a general verdict for the plaintiff for one hundred and fifty dollars. The jury also found specially upon…