Tupper v. Kilduff

The defendant in error claimed to be the holder. of two promissory notes made by the decedent, who was-defendant below, on the 23d and 2éth of March, 1870, and payable to the order of McKinney & Co., at the First National Bank of Bay City, at sixty and ninety days after-date respectively, and carrying interest at ten per cent.; and he brought suit upon them against Willey by -declaration containing copies. A judgment by default was taken, and subsequently set aside upon an affidavit of Willey, containing certain facts to excuse his default and representing also in the usual way, that he had…