Cox v. Wells

— Assumpsit brought by Wells, as assignee of one James Conwell, against Cox and Morrow on a promissory note. The note was dated on the 1st of December, 1836, and was payable to Conwell or order three years after date.

Pleas, I. Non assumpsit. 2. That the note was given in part consideration of lots numbered 19 and 20 in the town of Laurel; that upon the execution of the note, the payee gave to the defendants his title-bond, the condition of which (after reciting that he had received one-third of the purchase-money, and the defendants’, note for the residue payable in three years) was, that he…