Montgomery v. Levistones

The defendant is sued on a note made at Savannah, on the 29 th of October, 1835, by which he promised one day after date to pay to Joseph Cumming the sum of $5000. The note was endorsed by the payee to Joseph Cumming &. Co., who transferred it to the petitioners. It is alleged in the petition,* that the defendant, within five years, has frequently acknowledged and promised to pay said note ; and, on the 1st of May, 1840, did pay on account thereof, the sum of $3457 93, thus leaving due a balance of $1542 07, for which judgment is demanded, with interest at seven per cent from the 1st of May,…