Rooker

This is an appeal from an order denying defendant Samuels’ motion for a new trial.

The action was brought on a joint and several promissory note of William Hellier and G. S. Switzer for $5,000, made July 10, 1899, payable eighteen months after date, with interest at seven per cent per annum. A credit of $300 is indorsed on the back of the note as of June 23, 1904. Hellier died about October 1, 1904, and the defendant Samuels is the executor of his estate. The jury returned a verdict for the full amount alleged to be due.

Appellant (defendant Samuels) contends that the evidence is insufficient to support the verdict of the jury that the note in question was executed by William Hellier. George E. Eaton testified: “I had known Hellier about ten years before his death. I have had business transactions with him. I have seen him write. I have received cheeks and receipts signed by him, and I am familiar with his handwriting.” The witness further testified that the name “Wm. Hellier” signed to the note in question was in Hellier’s handwriting; that the name “G. S. Switzer” was not in the handwriting of G. S. Switzer, but in the handwriting of Hellier. The witness also testified to…