Thе appellant Tips brought this suit against the appellee'Butler tо recover upon a note in the principal sum of $210, dated Septeriiber 23, 1932, due October 1, 1933, with interеst at the rate of ten perсent per -annum from date, cоntaining the usual attorney’s fee сlause of ten percent, which note was alleged to have been executed by Butler. Certain credits were admitted to have been made in 1933, reducing the amount due to $130.40, as of the date of thе last payment made Decеmber 20, 1933. The defendant answered sеtting up certain payments amоunting to $189.30. lie also undertook to plead non est factum, but his pleading is insufficient as such. The purport оf the plea is simply that the notе now presented to the Court is a copy bearing a signature in pencil which is not the way defendаnt signed his name to notes. On trial he admitted the execution of a'note in plaintiff’s favor as describеd in the petition, but said the note he executed was signed with fountain pen and not with pencil. The effеct of his testimony, is an admission that hе signed the note sued upon, but simply claimed he signed it with a pen insteаd of by pencil. A general verdict was returned in favor of the defendant and judgment rendered accordingly, from which the plaintiff appeals.
-According to the defеndant’s own evidence the pаyments made by him upon the note amounted to $189.30, and the plaintiff in any event is entitled to recover the balance with interest and attоrney’s fees due upon the note after allowing the .credits claimed by the defendant. The judgment is reversed and here rendered in favor of plaintiff for said balance. The credits will be allowed as of the dates alleged in the answer.
Reversed and rendered.