Hardy v. Merriweather

Suit upon promissory notes. Judgment for the plaintiff.

The complaint alleged that the notes were executed by Hardy to the Fort Wayne and Southern Railroad Company, and that, on the 16th day of February, 1859, they were assigned by said company to the plaintiff, the assignment being executed by Eli McCauley, the company’s treasurer.

The defendant answered in eight paragraphs—

1. By the general denial.

2. Averring abandonment of the construction of the road by the company.

3. Payment.

4. Averring that, at the date of the notes, the company represented to the defendant that they had stock enough…