Hughes v. Frum

Brannon, Judge :

Hughes and wife recovered judgment in Harrison Circuit Court against Frum, and Frum obtained this writ of error.

First. The first assignment of error is in overruling a motion in arrest of judgment on the verdict, the motion being based on the theory that the basis of recovery being upon the verbal assignment of a promissory note, and there being no special count in the declaration alleging the assignment and the insolvency of the maker of the note—• those facts being stated only in the bill of particulars—there could be no recovery. I fail to see how this matter could arise on…