165 N.E. 534
No. 21208Supreme Court of Ohio.
Decided February 20, 1929.
Supreme Court — Affirmances — Judges equally divided — Negotiable instruments — Ratification of forged signature — Liability and estoppel.
ERROR to the Court of Appeals of Fayette county.
Mr. John P. Phillips, Mr. John Logan and Messrs. Vorys, Sater, Seymour Pease, for plaintiff in error.
Mr. A.C. Patton, Mr. E.L. Bush and Messrs. Williams, Sinks Williams, for defendants in error.
BY THE COURT.
It appearing that three of the judges of the court, to wit, Kinkade, Jones and Allen, are of opinion that the judgment herein should be affirmed, and three of the judges of the court, to wit, Robinson, Matthias and Day, are in favor of a judgment of reversal, and one judge, to wit, Marshall, C. J., does not participate, the court being thus equally divided in opinion as to the merits of the case and unable for that reason to agree upon a judgment, the entry of this fact constitutes an affirmance of the judgment of the Court of Appeals.
Judgment affirmed.
KINKADE, JONES and ALLEN, JJ., concur.
MARSHALL, C.J., not participating.
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