Miami County National Bank v. Goldberg

The plaintiff bank sued to recover the amount of an alleged overdraft made by one L. D. Goldberg,. *433claiming that the defendant, Mathilda, Goldberg, had hy written contract agreed or guaranteed to pay such overdraft. The defendant denied the validity of the supposed contract or guaranty and pleaded other defenses. The action was referred for trial, and the referee filed his report August 28, 1903, in which he found that the defendant was not liable and was entitled to judgment of dismissal of the complaint. TTo motion was made hy the defendant for judgment on the report, and in December, 1904,…