Davisson v. Dustin
Davisson v. Dustin
Opinion of the Court
This was a suit upon a promissory note dated January 30, 1915, for the sum of $200, due in nine months, with interest and - attorney’s fees, and
Appellant ■ then filed his motion for a new trial, which was overruled, and to which ruling he duly excepted, and in this court has assigned five separate errors, but the only assignment which is proper and which presents any .question for our consideration is his first assigned error, viz.: that the court erred in overruling appellant’s moton for a new trial.
Appellant, in his motion for a new trial, assigned five separate reasons as grounds therefor, but only the first and second of the reasons so assigned are proper and present any question.
The vital point in this case is whether appellee Harley Dustin had authority to sign the name of his mother, Mattie Twoer, and of his brother, William Dustin, to the note in suit, for it is conceded that the names of both of said appellees were written and placed upon said note by said Harley Dustin. This was a controverted question. As against the positive testimony of the mother and son, whose names were so signed to said note, that they had no knowledge of the execution of said note and did not give to Har
' The judgment of the Martin Circuit Court is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.