Weaver v. Fries

This was an action of assumpsit. The declaration contained two counts—a special count on a promissory note, and a consolidated common count. The substance of the special count is, that the defendant, in the lifetime of Frederick Weaver, on, to-wit: the 6th day of May, 1867, made and delivered his promissory note of that date to Frederick Weaver, and thereby promised to pay to the order of said Weaver, one day after the date thereof, the sum of $400, with interest, after due, at the rate of ten per cent per annum. To the declaration, the defendant interposed two pleas—first, the general issue;…