Ewert v. Chirpich

Appeal from an order denying plaintiff’s motion in the alternative for judgment notwithstanding the verdict or a new trial.

The action was upon a promissory note executed by defendant’s intestate, Thomas Yokiel, to which the defense was that the maker was mentally incapacitated to transact business when the note was given. In September, 1921, Kulot Brothers were indebted to the bank of wbicb plaintiff is receiver, and one Koziolek had signed a note with them which the bank held. Koziolek desired to be freed from the obligation, and he and one of the Kulots obtained the signature of Yokiel to a…