Bentley v. Davis

Maxwell, Ch. J.

In October, 1885, the plaintiff below (defendant in error) filed his petition in the district court of Franklin county, as follows:

“ Plaintiff complains of defendant for the reason that defendant is owing to plaintiff, upon account, the sum of three hundred and twenty-five dollars thirty-two cents, ($325.32) and interest at seven per cent from August 1st, 1884.” Then follows an itemized statement of the account.

“ 2d. Plaintiff further alleges that on or about October 17th, 1884, plaintiff delivered to defendant, at defendant’s *686request, the following promissory notes, the…