Farmers & Merchants National Bank v. Harper

Urner, J.,

filed the following dissenting opinion.

A judgment by confession against the appellee, entered under an ostensible power in a promissory note, having been stricken out as the result of a hearing on the appellee’s motion to that end, alleging that her name appearing on the note was forged, the case was tried before a jury upon that issue and the defense was sustained by the verdict. The only exceptions in the record were taken because the lower court overruled motions that the leave which it had given the defendants to file a supplemental plea, specifically denying her signature to…