Quinlan Publishing Co. v. Kiley

This is an action of contract to recover upon a check in the amount of $6,000 drawn upon the account of the corporate defendant and signed by the individual defendant. Both defendants answered with a general denial, pleaded lack of consideration and alleged that plaintiff was not a holder in due course. William M. Kiley also answered that he signed the instrument in a representative capacity only. The defendants each brought a third party declaration against Henry M. Quinlan to recover that amount in the event they are found liable to plaintiff.1 The third part defendant filed a general…