Schellenbeck v. Studebaker

The appellee sued appellants, Snyder and Schellenbeck," upon a note purporting to be executed by “Emil Schellenbeck & Co.” Appellant Snyder filed a sworn answer of non est factum. The jury returned a special verdict, upon which appellee had judgment. Snyder prosecutes this appeal.

The material facts, briefly stated, are these: Schellenbeck executed the note sued on (being commercial paper) in consideration of a team of horses purchased by him from appellee, on whose land he was then farming upon his own account. Upon this land he used the team solely in his own business and never in the firm’s…