Dunn v. Sparks

Smith, J. —

Assumpsit. Common count for money paid; plea, that the cause of action originated in the following manner, namely: On the 2d of September, 1839, the defendant drew a bill of exchange directed to Durbin, and delivered the same to the plaintiff, thereby requesting said Durbin to pay the plaintiff or order, at the Merchants Bank of *398New Orleans, four months after date, 1,000 dollars; that said bill was accepted by Durbin, and assigned by the plaintiff to the State Bank of Indiana; that the bill became due on the 5th of January, 1840, and was not paid by either of the parties to it,…