Yates

The plaintiff brought this action to recover the amount of a promissory note alleged to have been executed by the defendants. The answer admits that defendants Dyer and St. John executed the note, but denies that the defendant Edwards executed the same. The court found that all of the defendants executed the note and entered judgment against all of them for the amount due thereon. The defendant Edwards has appealed from the judgment.

The plaintiff testified as follows: “Q. Do you know who signed the name of James Edwards there on this note? A. Mr. Dyer signed it by direction of Mr. James Edwards. Q. Do you know who made the cross there at the end of the name of Mr. Edwards on this note? A. Mr. Edwards made it. Q. Were all three of these defendants present when these names-were signed on this note? A. They were. Q. Was the note read over in the presence of Mr. James Edwards and the other defendants ? A. It was. Q. Was this cross made before or after the name of James Edwards was signed by Mr. Dyer? A. I told Mr. Edwards to hold his hand on the pen while Mr. Dyer signed it, as that would make it legal that way, and so he did; and after the signature was completed, then I says, ‘Now…