Post v. Shirley

This was an action of debt against Post on two sealed notes for the payment of money. Pleas, 1. That the notes were obtained by fraud, &c., (not setting out the facts;) 2. That the notes were obtained by fraud, &c., (setting out the facts.) Issue was joined upon the first plea; general demurrer to the second, and the demurrer sustained. The parties went to trial on the first plea. Verdict and judgment for the plaintiff .

The only error assigned is, that the demurrer should have been overruled. The plea demurred to states, that the notes were given in consideration of the sale by the plaintiff…