Fink v. Scott

Woods, Judge:

This is a notice of motion for judgment by the holder of a negotiable promissory note against the maker thereof. Upon a judgment of the circuit court of Raleigh county for plaintiff, defendant brings error.

The note was made to “Lyda & Ridinger” and on the back thereof contains the following endorsements: “Lyda & Rid-inger, by C. F. Lyda.”, and below, “C. F. Lyda”. The notice, which fully describes the note, was accompanied by a statement of account and the statutory form of affidavit. Defendant filed his counter affidavit, denying that there is any sum due from him to plaintiff,…