Niles v. Rexford

The plaintiff seeks to recover on a negotiable promissory note, which was transferred to him by indorsement of the payee named therein after maturity. The case was tried and submitted to the jury on the single issue of whether the note was genuine or a forgery. The verdict and judgment were for the defendant, and the plaintiff excepted. Three questions are presented for review.

During the trial it developed that the affidavit of defense, which on its face bore the signature of the defendant, was in fact signed with the authority and direction of the defendant by one of her attorneys of record,…