Downs v. Donnelly

Assumpsit by Donnelly against Downs, before a justice of the peace, to recover a sum of money alleged to have been paid through mistake. The justice gave judgment for Donnelly. Downs appealed. In the Circuit Court the cause was submitted upon an agreement of facts. They are these:

Downs, with others, as security for one David Ross, signed the following note, viz.:

“ Twelve months after date, we or either of us promise to pay John Stallings, administrator of Wright Stallings, deceased, 91 dollars and 87 cents, for value received. [Signed] David Ross, Moses Stallings, Hewry Stallings, D. Wilson,…