Tarver v. Garlington

The opinion of the court was delivered by

Mr. Ciiiee Justice Simpson.

The action below was commenced for the recovery of a certain sum of money alleged to be due the plaintiff from defendants. The complaint ivas, in substance, as follows, to wit: That the defendants, through their agent, S. D. Garlington, made their note in writing, whereby they promised to pay the plaintiff, or order, four hundred and sixty dollars on the 1st day of November, 1884, with interest at 7 per cent., a copy of which note was attached to the complaint; and after the usual allegations of ownership and non-payment,…