Milligan v. Bowman
Milligan v. Bowman
Opinion of the Court
The fact that William J. Wymore was the agent of Benjamin Smith, and had authority to acknowledge satisfaction of the judgment, is admitted. The only question is whether or not he executed the receipt, upon which defendant procured the entry of satisfaction. From a careful examination of the testimony, we are satisfied • that he did not execute it, and that the receipt is, as claimed by the appellee, and as must have been found by the court below, a forgery. It is neither practicable nor desirable to review all the testimony. William'J. Wymore is dead. There is no proof that any payments have ever been made on the judgment, other than those which the court ordered to be credited. The receipt is signed William Wymore, whereas the name of the agent of Smith was Wm. J. Wymore,.and in none of his genuine signatures, produced upon the trial, is the J. omitted. Eight experts and persons acquainted with the signature of William J. Wymore, from a comparison of the reeeijDt with Wymore’s genuine signature, express the opinion that the receipt was not signed by him. The receipt was not filed with the clerk until a short time after Smith died. The wife of the defendant, and two
Affirmed.
Reference
- Status
- Published