Schneider

This is an appeal from a judgment in favor of the plaintiff and from an order denying the defendents ’ motion for a new trial.

The action was brought to recover the amount due upon a promissory note alleged to have been executed by the defendants to one Margaret G. Anthony, and by her assigned and delivered to the plaintiff for collection. The defendants contended in their pleadings and upon the trial that they were not to be held liable for the note in question by reason of the fact, as averred and testified to by them, that they had signed the note in blank as to the name of the payee, and had intrusted it to an agent with limited authority to borrow the amount for which it was drawn from a particular person; and that such agent exceeded his authority in that regard by procuring the loan from another person than that named in his instructions, to wit, Margaret G. Anthony, inserting her name in the instrument as payee, and delivering the same to her. The evidence upon this subject ivas substantially conflicting, and the court resolved such conflict in its findings and judgment against the defendants’ contention. It is sufficient to say that under the well settled rule its action…