Marshall Field Co. v. Oren Ruffcorn Co.

Ladd, O. J. —

1 2 In. this action recovery is sought on three promissory notes signed “Oren Ruffcorn Oo., per- Oren Ruffcorn, President.” In the first division of the answer the defendant denied their execution, and, while conceding them to have been signed by Oren Ruffcorn, alleged that he had no authority to do so. Appellee insists the genuineness of the signature was not put in issue. ■ By section 3640 of the Code the signature is to be “deemed genuine and'admitted, unless the person whose signature the same purports to be shall, in a pleading or writing filed within the time allowed for…