Barclay v. Russ

Russ, the payee, brings an action of assumpsit against Barclay, one of the makers of the following joint and several promisory note:

“ $3,300.

“ On the first day of January, eighteen hundred and sixty-four, we or either of us promise to pay Joseph T. Russ, or bearer, the sum of three thousand three hundred dollars for value received, with eight per cent, interest from date.— December 27, 1862.

“James W. McKinnie,

“ Bolyn B. Barclay.”

The defendant pleads, first, non assumpsit; second, that the note was made during the late war, and that the currency contemplated was Confederate notes; and, third,…