Weart v. First National Bank of Dunellen

The opinion of the court was delivered by

Case, J.

The appeal is from a judgment for the defendant entered upon the direction of Judge Lawrence sitting in the Somerset Circuit. The action was to recover notarial fees received by the defendant bank during a six-year period preceding the institution of the action while plaintiff was employed by the bank as cashier, the notarial services sued upon having been rendered in the name, and over the signature, of the plaintiff as notary public. At the close of the trial plaintiff moved for the direction of a verdict in his favor and was refused.…