Hall v. Freeman

This was an action of assumpsit, brought by appellee against appellant, in the Jackson county circuit court. The case was tried by the court, without a jury, upon the common counts and the general issue. There had been a special count upon a promissory note, but the court sustained a demurrer to it, and appellee’s counsel went to trial upon the common counts alone. He offered in evidence a promissory note, made by appellant, whereby he promised to pay Joseph Benoist, or order, $1500 one day after date, for value received. The note purported to have been specially indorsed by the payee to John…