Frederick v. Kinzer

Cobb, Ch. J.

On the trial in the court below, the court of its own motion instructed the jury as follows:

“In order to find that Peter Frederick is one of the makers of the note you must find either that he signed his name thereto or authorized some one to sign his name thereto, or since his name was signed thereto, ratified the act as his own.”

The defendant prayed the court to give the following instruction:

“The jury are instructed that Kinzer cannot recover in this action unless it has been proved by the preponderance *367of the evidence either that Peter Frederick did sign the note or that it…