Emmons v. Carpenter

Biddle, J.,

dissented, and delivered the following opinion:

Suit on a promissory note made by Elkanah Clark, John Emmons and Tellmachus Odell, payable to the order of Daniel Carpenter, twelve • months after date, dated September 19th, 1873, for eleven hundred dollars, with ten per cent, interest. Emmons and Odell, each, separately answered the complaint:

1st. General denial;

2d. Non est factum, verified; and,

3d. Non est factum, stating the particulars, namely,“that he signed the said instrument in the month of March, 1874. That since this defendant signed the said instrument, the same has been…