McGOWAN v. BANK TR. CO., 121 Ohio St. 503 (1929)

169 N.E. 574

McGOWAN ET AL. v. THE COSMOPOLITAN BANK TRUST CO.

No. 21850Supreme Court of Ohio.
Decided December 24, 1929.

Negotiable instruments — Note signed on face by joint makers — Evidence inadmissible that joint maker signed as accommodation maker — Evidence inadmissible under co-maker’s cross-petition for services against holder.

CERTIFIED by the Court of Appeals of Hamilton county.

Mr. Joseph B. Kelley and Mr. Otto Pfleger, for plaintiffs in error.

Messrs. Nichols, Morrill, Wood, Marx Ginter and Messrs. Dorger Dorger, for defendant in error.

BY THE COURT.

Action was brought in the common pleas court of Hamilton county by the Cosmopolitan Bank Trust Company to recover the amount due on a promissory note, signed upon its face by Robert B. McGowan and Carolina L. McGowan as joint makers. The signatures are admitted. Claim was made by answer that Carolina L. McGowan signed the note as an accommodation maker only, and that such fact was known by the plaintiff at the time of delivery thereof, and by cross-petition a claim was asserted for $5,000 for services rendered to the plaintiff by Robert B. McGowan on express contract.

The trial court, upon objection made, excluded evidence as to the relationship of Carolina L. McGowan to the note and also evidence respecting the claim of Robert B. McGowan for services. The

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court then directed a verdict for plaintiff for the full amount due on the note and rendered judgment accordingly. The Court of Appeals affirmed.

The judgment of the Court of Appeals is affirmed upon authority of Richards v. Market Exchange Bank Co., 81 Ohio St. 348, 90 N.E. 1000, 26 L.R.A. (N.S.), 99, and cases there cited.

Judgment affirmed.

MARSHALL, C.J., KINKADE, JONES, MATTHIAS, DAY and ALLEN, JJ., concur.

ROBINSON, J., not participating.