Kilgore v. Powers

Powers, as assignee of a sealed note, sued the maker in an action of debt. The note as shown on oyer is as follows :—

“On or before the 25th December, 1836, for value received I promise to pay James T. Walton 150 dollars, with 10 per cent, interest. October 31st, 1835.

David Kilgore. ( )”

The defendant pleaded nil debet, to which there was a general demurrer; and the demurrer was sustained. The defendant contends that the note is not a sealed instrument, because the word seal, or a letter denoting that word, is not enclosed within the scrawl attached to the maker’s name. We do not agree with the…