Monget v. Penny

By the court:

Eustis, C. J.

This action is brought upon a promissory note, signed by the defendant Penny and his Wife, against Penny and the heirs of his deceased wife.

The defendant himself pleaded the general issue, and, as tutor to his minor children, took an exception to the plaintiff’s action.

The case was submitted to the court below, on- the pleadings and on the evidence adduced. The court sustained the exceptions to the action, and dismissed the plaintiff’s petition. The plaintiff has appealed.

It is insisted in this court, that the judgment of the district court ought to be reversed, and…