Gardner v. Fleetwood

Where the defendant in a suit on a promissory note for $244.96 filed on oath a plea of non est factum, denying that he had ever “executed any note for $244.96 to the plaintiff,” and alleging that “it is not his obligation, and was never signed by him or by any person authorized to sign for him,” the issue made by the plea was confined to the question whether or not the instrument sued on was actually signed by or for the defendant, and the plea did not raise the defense that, although signed by the defendant, the instrument was not signed by him in the shape then subsisting. Civil Code…