Charles Evans Hughes

“ The question before us, then, is whether, in view of the state of the evidence upon the defense that the notes were procured by fraud, the trial court erred in directing a verdict for the plaintiff. It is apparent that there was evidence sufficient to go to the jury that the signatures of some of the defendants had been obtained by means of fraudulent representations. Upon this point, the supreme court of the territory said: 'The defense, as we have seen, was principally that the signing of the notes was procured by fraud. ”

“ Taking the notes as they stood upon the pleadings and proof, we think that these defendants (Schmidt & Story and Crossman) must be regarded as comakers with the other defendants, to whom the representations are said to have been made, and it follows that if any of the signatures of these comakers were obtained by fraud, the equality of burden was altered. The plaintiff's fraud, assuming it to have been committed, changed the legal effect of the promise of these defendants. ”

“ The plaintiff bank was the payee and the defendants Broyles, Schmidt & Story, Crossman, Brown, Pratt (alias Anderson) , Lewis, and Evans, were the makers. Broyles defaulted; the other defendants answered, alleging in substance that they had signed the notes for Broyles's accommodation, and had been induced to sign by the fraudulent representations of the bank. Upon the trial, the motion of the plaintiff for a direction of a verdict was granted as against all the defendants except Lewis, and as to him the plaintiff was permitted to take a nonsuit. ”