Burrows v. Alter

Opinion of the Court, delivered by

Scott, Judge.

The plaintiffs, as endorsers, brought an action of assump-sit on a bill of exchange against the defendants, as drawers of the same. The defendants pleaded a release. The plaintiffs replied that the release was obtained bj fraud, covin, and misrepresentation, on which issue was joined. On the trial the plaintiffs obtained a verdict and judgment, to reverse which this writ of error is prosecuted.

^appears from the evidence that the defendants, being in failing circumstances, made an assignment of their effects for the benefit of their creditors. The…