Kirkpatrick v. Stingley

Assumpsit by Stingley against Kirkpatrick, upon a promissory note alleged to have been executed by the defendant in favor of the plaintiff, on the 29th of May, 1839, for the payment of 500 dollars sixty days after date. The defendant pleaded as follows:

1st. The general issue, verified by affidavit;

2d. That the note sued on is joint and several, and purports to have been executed by the defendant with David Patton and Samuel Bush; that the plaintiff had brought a former action upon the same note against all the makers, namely, Kirkpatrick, Patton, and Bush, in which action judgment was…