Page:Federal Reporter, 1st Series, Volume 3.djvu/386

 MEBSMAN ». WBBGICS. 879 �his possession, and before its delivery to the complainant, forged the name of Mrs. Werges to the note, He indorsed this forged note to the complainant, placed the mortgage in thehands of the recorder for record, and received the $6,000, for which the note and mQrtgage were given. �The complainant was wholly ignorant of the forgery, and in nowise implicated in it. His perfect good faith in the transaction cannot be impugned. I find the fact to be that Kreuger committed the forgery of Mrs. Werges' name. There is no direct evidence to establish the fact, but the negative and circumstantial evidence is, to my mind, conclusive. �It is in evidence, and not, I think, seriously questioned, that when the note passed into the hands of Kreuger the name of Mrs. Werges was not signed to it. Her name was placed upon the note by somebody who had an interest in so doing. Neither she nor her husband signed her name to the note. Her name was put to the note without her knowledge or consent. There is no evidence that the note was ever in the possession, after its delivery to Kreuger, of any person but Kreuger and the complainant. The complainant did not commit the forgery. This is conceded. Who, then, did corn- mit the forgery? It must bave been some one who had an interest in the note, and a motive to commit the crime. No stranger to the note, without interest or motive, would have forged Mrs. Werges' name, or could have done it without possession of the note. Casper A. Werges did not sign his wife's name to the note. She did not subscribe her name to it. Mersman did not. It was never, that we know of, in the hands of any stranger to the instrument. The inevitable conclusion is that Kreuger committed the forgery. �We can easily find a motive ipoving Kreuger to use the name of Mrs. Werges as he did. He probably found or ap- prehende d difficulty in negotiating the note to Mersman with- out the name of Mrs. Werges. It is admitted by the com- plainant's counsel that it was understood by both Kreuger and Mersman that the note was to be signed by Mrs. Werges. This being the case, Kreuger had reason to believe that he ����