St. John v. Hardwick

The complaint in this case charges that St. John, on the 25th of April, 1856, by his note, eight *252months after the date thereof, promised to pay one Johnson Hayton, then in life, but now deceased, 100 dollars, without relief, &c., which note was afterwards, and before Hayton’s death, sold and delivered by him, without assignment in writing, to Hardwick, who was the plaintiff. It is averred that Hayton, when he died, had no interest in the note; and his death is alleged as an excuse for not making him a party to this suit.

The defendant demurred to the complaint, but his demurrer was overruled;…