Fisher v. Von Behren

— The complaint in this case was by Joseph Fisher, against Heinrich Yon Behren upon a promissory *20note purporting to have been executed by the latter, and payable to one E. E. Jones at the First National Bank of Indianapolis, for the sum of four hundred dollars, and averred to have been assigned to the plaintiff, before maturity, by indorsement in writing.

The defendant answered that the execution of the note sued on was not his act and deed, because, at the time of its execution, he was unable to read or write the English language, and could only speak and understand that language imperfectly;…