STATE v. JOSEPH NESSER MOTORS, INC.

No. 31057.

362 S.W.2d 84 (1962)

STATE ex rel. AUTO FINANCE COMPANY, a Corporation, (Plaintiff) Appellant, v. JOSEPH NESSER MOTORS, INC., (Defendant) Respondent.

St. Louis Court of Appeals. Missouri.

November 20, 1962.


Attorney(s) appearing for the Case

James & Hasler, John D. Hasler, St. Louis, for appellant.

Goldenhersh, Goldenhersh, Fredericks, Newman & Lane, Frank J. Lane, Jr., St. Louis, for respondent.


WOLFE, Judge.

This is an action upon a warranty of a note secured by a mortgage on a used car purchased from the defendant company. The defendant warranted that "* * * the signature of the purchaser and/or endorser, maker or comaker is/are genuine; * * *." The plaintiff contended that one signature was a forgery. The court directed a verdict for the defendant, and the plaintiff prosecutes this appeal.

The action was originally brought against a notary public...

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