Kelley v. Burnell

Suit upon a note. Judgment for plaintiff.. The facts of the case are these:

D. W. Rupert sold a piece of land to William Kelley for 800 dollars, and purchased a pair of horses of Robert Akey *329for 375 dollars. As a part payment for the land, Kelley gave his note to Rupert for 375 dollars, but made payable to Akey, which note Rupert delivered to Akey, who accepted it in payment for the horses sold above described. There is a dispute whether the note was given for a part of the consideration for the land, or for the horses, and the latter applied towards payment for the land.

R. Parrett, J. E.…