Diamond v. Harris

The plaintiff sued the'defendant in the district court of Rusk county, on the fifth day of February, 1866.

The petition sets up that on or about the first day of July, 1862, the plaintiff sold the defendant a horse, buggy and harness, for which he took in payment the note of R. H. Cumby, calling for the payment of three hundred and fifty dollars, made payable to Wiley Harris or bearer, dated June 13, 1860, and due January 1, 1861. The note was simply transferred by delivery, without endorsement, and long after maturity. The plaintiff alleges a failure of consideration and the fraudulent…