Matheny v. Westfall

This was an action of assumpsit on a promissory note, commenced by Westfall, assignee of Goodin, against Henry Matheny and one Gabriel Johnson before a justice of the peace. Matheny appeared, and by proper plea denied the execution of the note. On the trial, the justice of the peace gave judgment against Matheny;—against Johnson, judgment was taken by default. The case was appealed to the Circuit Court, where the judgment of the justice of the peace was affirmed.

On the trial in the Circuit Court, the plaintiff introduced Goodin, the payee of the note, who was released by the plaintiff, as a…