Ford ex rel. Patterson v. Haft

1 Wright 118, 1 Ohio Ch. 118

• Court: Ohio Supreme Court
• Decided: October 15, 1832
• Status: Published

Opinion

BY THE COURT.

There is no affidavit to the plea, and if the note is substantially described, it may be read. Though Cole and Lindsay cannot have a common seal, yet each may have used the same seal, and made it his. The note may go in evidence; but whether, unexplained, it will avail the plaintiff, is another question.

The note was then read. A witness was called, who proved the signature of Cole and Lindsay to be the writing of Cole, and his act alone.

The plaintiff rested. The defendant moved for a non suit.

BY THE COURT. The plaintiff cannot recover. He has sued three upon an obligation of two.

Non suit ordered. See Button & Freeman v. Hampson, et al. Ante 94.

[Attaching seal does not vitiate note; Johnson v. Nelson, 3 W. L. M. 306, 310.]