Huffaker v. Bank of Monticello

Opinion by

Judge Lindsay :

The extracts from Chitty’s Pleadings, copied into the petition for a rehearing of these causes, do not in the main relate to actions founded upon promissory notes. The citations, in the opinion of this court, seem to have been overlooked by counsel. Whether the failure to allege a promise to pay would be sufficient ground to sustain a motion after verdict, in arrest of judgment, we do not undertake to determine. If counsel had pursued their last quotation, and the authorities cited by the editor as pertinent to the text, but one *195line further, they would have found it…