Duncan v. Cox

This was an action of assumpsit broughl by Duncan, assignee of a promissory note, against Cox, the maker. The note was for the payment of $100, was dated the *28821st of September, 1840, and was payable on the 25th of December following. Pleas, the general issue, and want of consideration. Replication in denial of the special plea. The cause was submitted to the Court.

The evidence was as follows: At the time the note was given, Gox, the maker of the note, and another person, at the store of Simms, the payee of the note, contracted with Simms for goods of the value of $100, to be delivered by Simms…