62 Wis. 78 | Wis. | 1885
The simple question in this case is, Did the defendant Wheeler specifically deny, in his answer, his signature to the note in suit, so as to put that fact in issue? The note, as described in the complaint, purported to be a,' joint and several promissory note made and executed by Wheeler and one Berry. Wheeler put in a verified answer," in which he alleged, in substance, that he never made or joined in the making of the note in question, and that if his name appeared upon the note, either as maker or indorser, or both, the said signature was a forgery. "We are inclined to hold that this was a sufficient denial of the signature to put the fact in issue. ITe distinctly and positively denies that he ever made or joined in the making of tbe note, and further avers, if his name appears on the note, either as maker or indorser, the signature is a forgery. It is obvious
In Snyder v. Van Doren, 46 Wis. 602; Smith v. Ehnert, 47. Wis. 479; Nielson v. Schuckman, 53 Wis. 638, it was not claimed that the signature had been forged, but that there had been an unauthorized change or filling up of the note after the defendant signed it; or that the defendant’s signature to the paper had been obtained through fraud or misrepresentation. The question whether an answer like the one before us was a good and sufficient denial of the signature to meet the requirements of the statute, was not involved in either of those cases.
The plaintiffs’ counsel argues that Wheeler’s signature may be a forgery and still be a genuine signature. This seems to us a legal solecism. If his signature to the note is a forgery, it surely cannot be genuine.
It is further insisted that the denial is bad because in the alternative. As we have said, the defendant denies that he ever made, or joined in the making of, the note; and that if his name appears upon it, either as maker or indorser, the
This being the only question in the case, the judgment of the circuit court is affirmed.
By the Court.— Judgment affirmed.