Cassella v. Tiberio

On the jury trial of this controversy, both Lee and Louis Tiberio testified that Louis had signed the cognovit note merely as a witness. An examination of the original note does show that he wrote his name on the lower, left side thereof, under the words, “Witness our hands and seals.” However, Lena Cassella, who asserted she was - present at the signing of the note, stated on the witness stand that Louis had signed as a guarantor. Apparently the jury believed her.

Testimony was also offered that Lee Tiberio, after his discharge in bankruptcy in 1935, acknowledged liability on the note and…