Heidenheim v. Sprague

By the Court,

Smith, J.

This was an action of assumpsit com-inenced by the plaintiff in-error, against the defendant in error, by service of declaration.

The declaration contained the common counts, with a copy of a:'note and a notice that -the note would be given in evidence under' the money counts, and was the only cause of action ;• the copy of the note on the declaration on file is as follows:

“$130.00. Racine, Aug. 8, 1856.

“ Thirty days after date, for value received, I promise to pay G. D. Fellows or bearer, one hundred and thirty dollars; ten per cent, interest, at Racine County Bank.

(Signe…