Hamill v. Mason

This was an action of assumpsit brought by appellant against appellees, on two promissory notes executed by the latter to John McCalla on the 1st of October, 1857, for $1,700 each. One fell due in ten months, and the other in twenty-two months. The notes upon their face drew twelve per cent, interest per annum. They were so described in the declaration, and they were assigned to appellant. The plea of non assumpsit was filed. A trial was had by the court, a jury having been waived by consent of the parties. After hearing the evidence, the court deducted all of the interest, and credits for…