Lilley v. Evans

Judge Marshall

delivered the opinion of the Court.

This petition was brought in the name of J. N. Evans, as assignee of Hugh Levi, upon a note of the following tenor: “On or before, &e. we or either of us promise to pay,” &c. and signed by Pleasant Lilley and William Lilley, as obligors. The note was dated in September, 1841, payable .in January, 1842, and assigned in November, 1841.

The defendant, Pleasant Lilley, pleaded that after he had executed and delivered the note to the payee, and after it was assigned to the plaintiff, the signature of William Lilley, as a co-obligor, had been procured…