Kitner v. Whitlock

Appellee brought an action of assumpsit, on a promissory note, against appellant and Sampson, John K. and George W. Fanning. There was a special count on the note, and the common counts, in the declaration. The defendants all pleaded the general issue, and appellant filed a plea of non est factum verified by affidavit. On these issues a trial was had before the court, without a jury, by consent of the parties, resulting in a finding and judgment in favor of plaintiff, and defendant Kitner appeals to this court and urges a reversal.

The evidence shows that the three Fannings, with Kitner,…