Weitnauer Trading Company Ltd. v. Morton L. Annis

Van GRAAFEILAND, Circuit Judge:

This action was brought to recover on two writings, the first guaranteeing payment of a corporate indebtedness up to $100,000 and the second guaranteeing payment of an additional indebtedness up to $50,000. Defendant-appellant did not recall signing the first and denied signing the second.

The testimony of an eyewitness to the signing, buttressed by a handwriting expert and appellant’s admissions, satisfied the District Court that the signature on the $100,000 guaranty was appellant’s. Absent any proof from appellant beyond a professed inability to recall, this…