Dibble v. Duncan

OPINION OF THE COURT. This is an action of assumpsit [by Dibble, Pray & Co. against Duncan and others). The dec-láration contained a count on a promissory note, one for goods sold and delivered, another for money had and received, &c. Two pleas were filed: First, the general issue, and secondly, Duncan pleaded that he was not a joint maker with the said Converse and Birkey of said promissory note, nor was he in any wise interested in the subject matter of said contract, but that his ■name was placed upon said promissory note as an indorser merely and guarantor of the payment of the same. The…