McCurdy v. Baughman
Ohio Supreme Court
Error to the District Court of Franklin county. January 20,1871, John Baughman and Mary Baughman executed and deliverd to II. II. McCurdy a promissory note, payable to his order, for $99.50, due one day after date, with interest at eight per cent.
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Error to the District Court of Franklin county. January 20,1871, John Baughman and Mary Baughman executed and deliverd to II. II. McCurdy a promissory note, payable to his order, for $99.50, due one day after date, with interest at eight per cent. McCurdy having indorsed the note to Burén Taylor, the latter, on March 18, 1871, obtained by default, a judgment thereon against the makers and indorser for the amount of the note with interest, before a justice of the peace of Franklin county. At the time the note was executed and also when suit was brought and when judgment was rendered, Mary…
1Opinion of the CourtOkey, J.
1. The allegation of the plaintiff below, in her *81petition, that when, she signed the note “she was ignorant of what she was signing,” is to he construed in connection with the admission that she knew it was a promissory note, and with the allegations that the note was given for an individual debt of John Baughman, and that she signed it as his surety at his request, and the further fact must be considered that the petition contains no allegation of fraud or coercion, nor is it even claimed that she was misled or mistaken as to the nature of the instrument, nor that she would have refused to…
2Cases cited29 opinions
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- Vick v. . PopeSupreme Court of North Carolina · 1879
- Meader v. NortonSupreme Court of the United States · 1871
- Weil v. SimmonsSupreme Court of Missouri · 1877
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