Frentress v. Mobley

This case involves a single question of practice.

Tbe suit is founded upon two certificates of deposit, one calling for $300, tbe other for $350, both dated 31st July, 1858, payable to tbe order of J. B. Erentress, on tbe return of tbe same, assigned by him to plaintiff, and drawn by defendant, due December 10th, 1858, with ten per cent interest from 16th June. Tbe petition describes tbe certificates and alleges that they are due and still unpaid, and claims tbe aggregate sum of tbe two as the measure of bis damages, but avers no return of tbe certificates nor a demand of payment.

Tbe defendant…