Newby v. Myers

The opinion of the court was delivered by

Horton, C. J.:

On the 28th day of December, 1887, S. E. Myers filed his petition against N. Davis, D. Newby and C. W. Bogue, to recover $1,244.65 upon a promissory note, payable to his order, dated March 8, 1887, and alleged to have been executed by N. Davis, D. Newby, and C. W. Bogue. The defendants, D. Newby and C. W. Bogue, filed their separate answers, duly verified, alleging they never signed or executed *478the note described in the petition, and also alleging they never authorized anyone to sign their names for them. Trial had before the court, at…