Mahan v. Sherman

Sherman sued Mahan, Comparet, and Thompson in debt. The declaration contains two counts. The first count alleges that the defendants made their promissory note, and thereby promised, &c., whereby an action had accrued, &c. The second count is in the usual form in debt for money had and received. The defendants pleaded jointly non assumpsit; and Mahan and Comparet each pleaded a special plea, to which a demurrer was sustained. Trial on the plea of non assumpsit; verdict and judgment for the plaintiff.

The special pleas professed to answer the whole declaration, but really answered only the…