Head v. Pitzer

Pitzer sued Head in the Circuit Court of St. Charles county, on a note purporting to be made by Head to one Nathaniel Cromwell, assigned to him by Cromwell, and had judgment. Head prays to be relieved of that judgment, because, he says, that some time in 1816, he had executed a note for about the same amount to John. C. Cromwell, the consideration of which had failed, and which John C. Cromwell had promised to destroy; that he, Head, deceived by the similarity of names, and of the amount and date of the note, believed it to be the same he had executed to John C. Cromwell; knowing, too, that…