Lister v. Boker

Assumpsit by Bolcer against Lister. The declaration contained two counts. The first was on a promissory note made by the plaintiff in error and payable to one Nathan Lister, by Lister assigned to John Wood, by Wood to 'John Cain, and by Cain to Bolcer, the defendant in error. The second count was for money had and received, money paid, laid out, and expended, &e. The defendant in the Circuit Court pleaded three pleas: 1, Non assumpsit; 2, To the first count in the declaration, that the note in that count mentioned was given on an illegal consideration in *this, that said note was made by the…