Hauser v. Smith

Alden B. Smith, Edward A. Smith, and Edward Branham, partners under the name of “A. B. Smith & Co.” sued Hauser before a justice of the peace, upon a promissory note for 72 dollars, 15 cents. The note bears date January 20, 1858, was executed by the defendant, payable to Benjamin F. Jones, at one day, and was by him indorsed in this form, “ Pay A. B. Smith & Co., or order.” Signed “ Benjamin F. Jones.” The note with the indorsement was filed as the cause of action. Before entering into the trial, the defendant, having filed an affidavit alleging the non-residency of the plaintiffs, moved the…