Miller v. Finley

Miller sued below upon a joint and several promissory-note. Both defendants pleaded the general issue, and Hugli Finley, junior, appended to his plea an affidavit denying the execution of the note by himself. No notice' of any kind, was filed or served with the plea.

Upon the trial the defense was rested upon several grounds. It was claimed that Hugh Finley, senior, signed the note without the consent of Hugh Finley, junior, his son, who, it was alleged, refused to assent to having him sign, and after the note had been delivered as the sole note of the son. It was further claimed that when he…