Davis v. Smith

Suit in assumpsit upon the following note:

“§320.00. “ March 23d, 18b7.

“Ten months after date, for value received, I promise to pay to the order of S. E. Smith, the sum of three hundred and twenty dollars, at Woodlack & Heights’ bank, with interest at the rate of 8 per cent, per annum after due until paid.

“Dan. H. Davis,

“ S. E. Warrick.”

To which said appellants, Davis and Warrick, filed their plea denying a joint liability, verified by their several affidavits.

The evidence showed that Davis made, executed and delivered the note to Smith on the day of its date, and that on the 24th of June,…