Del Bondio v. Fahy

This is a suit on a promissory note. The sole defense raised in the answer is "that the said note is a forgery".

When the case was called for trial, plaintiff testified that the note had been signed in his presence and offered other evidence to corroborate the genuineness of the signature. Defendant stated that she had not signed the note, but her denial did not evidence positiveness or certainty.

Her counsel attempted to prove that she had received no consideration for the note and, on objection, the district judge ruled this evidence as inadmissible, but, nevertheless, heard it and then ruled…