Industrial Discount Co. v. Scherer

The plaintiff, alleging itself to be the holder in due course of a certain promissory note of the principal sum of $150, brought suit against the maker and indorsers thereof, of which latter there were several, and among them H. Eckelman, the appellee herein. Eckelman in his answer denied signing the note as indorser and averred that his purported signature was a forgery.

On the trial of the case it was admitted that Eckelman’s signature had been affixed to the note by the maker, but it was contended that the action of the maker i,n this respect was authorized by Eckelman, and that in any…