Second National Bank v. Hewitt

The opinion of the court was delivered by

Garrison, J.

This was an action upon two promissory notes. The defendants were the makers of the notes. The plaintiff was a holder for value before maturity. A verdict was directed against those makers who, according to the testimony, had signed the notes. A verdict was directed in favor of one defendant, whose signature was proved to be a forgery. To this course pursued at the trial, two objections are-pressed—first, that the judgment, if not against all the makers, can be against none. This contention is directly in the face of the statute (Gen. Stat,…