Campbell v. Robbins

Campbell, the appellant, sued Robbins on the assignment of a promissory note, executed by one Búrlele to Robbins, on the 19th of October, 1865, for one hundred dollars, payable December 25, 1865, and assigned by Robbins to the appellant by an indorsement in blank. It is alleged in the complaint that “when the note became due,Bunlcle was, and still is, wholly insolvent, having no property subject to execution, so that an action against him would have been unavailing.”

An issue was made by an answer in denial of the complaint. The answer also contained a special paragraph, to which the court…