Brigham v. Gurney

By the court,

Wing, J.

This is an action of assumpsit, brought by Gurney, before a justice of the peace, upon a promissory note, bearing date Feb. ll, 1844, made payable to William C. Brownell or bearer, for $65, with use, for value received, on or before the first day of.January next. The suit was commenced on the 30th June, 1846. The declaration was in the common form, in which the plaintiff as bearer of the note alleges the note wras transferred to him.

The defendants plead the general issue, and gave notice that the note was obtained by fraud and deception, and further, that the note is not *350t…