Citizens State Bank v. Webster

Olsen, C.

Plaintiff, hereinafter referred to as the bank, appeals from an order denying its motion for judgment or a new trial.

The suit is to recover against the defendant as maker of a promissory note, dated May 2, 1922, due September 2, 1922, for the amount of $3,250. The verified answer of the defendant, after admitting plaintiff’s corporate character, was a general denial of the complaint.

The issue tried was whether the defendant had executed this note—whether he had signed or given the note. The general denial in the answer was not a sufficient denial by oath or affidavit, under G. S.…