Harter v. Moore

Moore sued Harter and Hanna on three sealed notes for 100 dollars each with ten per cent, interest, describing them in his declaration as being executed by Harter in the name and style of “Is. V.- Harter '& Co.,” and by Hanna- in his own proper name; Harter did not, appear to the action, and an interlocutory judgment was entered against him. Hanna craved oyer of the notes, which was granted; the notes purported to be executed by Is. V. Harter & Co., and by Hanna with the word “ surety ” affixed to his name. Hanna pleaded, 1st, That the notes had been procured from him by fraud, &c.; on this…