Bailey v. Cromwell

The administrators of Cromwell brought an action of assumpsit, in the Tazewell Circuit Court, against Bailey, upon a promissory note, made to him, in his life time. The defendant pleaded, first, non assumpsit; secondly, no good or valuable consideration; thirdly, that the consideration had wholly failed, in this, that the note was given for the purchase of a negro girl, sold by Cromwell to Bailey, and who was represented to Bailey, at the time of the purchase, to be a slave and servant, when in fact she was free; and, fourthly, that the consideration had wholly failed, in this, that the note…