Frost v. Cuerion & Hayden

'Opinion by

Judge Lindsay:

By the consent of the parties the judge of the circuit court was substituted for a jury, and he found, as matter of fact, that the letter *744of February 6, 1873, related to the debt evidenced by the due bill, which is the foundation of this action.

H. C. McLeod, Kincaid & Duvall, for appellant. J. S. Vanmeter, L. H. Harrison, for appellees.

Before stating that he was trying to make arrangements to go into business, appellant said in the letter: “I am owing you an old debt, and would like to know if I do, if you will press me for it, as my intention is to pay you.” This was…