Carlin v. Martin

Martin, who was the plaintiff, sued Carlin, before a justice of the peace, upon a note in writing, in this form:

“ On or before the 20th of February, 1859, I promise to deliver to Robert Martin, at Foblesville, $75, in good lumber, at one dollar and twenty-five cents per hundred. December 10, 1858.” Signed et K. L. Carlin.”

J. W. Evans, for the appellant. E. S. Stone, for the appellee.

Indorsement: “ Paid on the within note $14. January 28, 1859.”

The note was filed as the only cause of action. Before the justice, the plaintiff recovered judgment, from which the defendant appealed. In the Circuit…