JAMES TALCOTT, INC. v. CARDER

No. 19103.

300 F.2d 654 (1962)

JAMES TALCOTT, INC., Appellant, v. Herschel CARDER, Appellee.

United States Court of Appeals Fifth Circuit.

March 20, 1962.


Attorney(s) appearing for the Case

Emory F. Robinson, Robert B. Thompson, Wheeler, Robinson & Thompson, Gainesville, Ga., for appellant.

Joe K. Telford, Telford, Wayne & Smith, Gainesville, Ga., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.


RIVES, Circuit Judge.

Talcott sued Carder on a promissory note in the principal amount of $13,500.00 payable to the order of Chemell's Hatchery, Inc., and assigned to Talcott, purporting to be signed by Hershall Carter. It will be noted that the maker's signature was Hershall Carter rather than Hershel Carder, the name of the defendant. Carder answered that he did not sign the note sued on and did not authorize anyone to sign that note...

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