Sutton v. Fletcher

Fletcher brought an action of assumpsit against Sutton and Bell, and declared ip the first count on a promissory note made by them to one Ferriter, and by him assigned to the plaintiif. The second count was for goods sold, money paid, laid out, and expended, &c. Plea, the general issue. The facts were as follows, viz.: Ferriter, the assignor of the plaintiff, on the 9th of December, 1840, loaned to Sutton, at the solicitation of the latter two $50.00 Indiana treasury notes. The agreement was, that the borrower should pay ten per cent, per annum on the sum loaned; One O’Brien, who'was present…