Chicago & Pacific Railroad v. Munger

Hr. Justice Scholfield

delivered the opinion of the Court:

Suit was brought by appellee against appellant on a promissory note executed by it to her on the 4th of January, 1875, payable thirty days after date, for §1057.03, with interest thereon at the rate of ten per cent per annum.

Appellant pleaded this plea, verified by affidavit:

“And the said defendant, said Chicago and Pacific Eailroad Company, by Chas. D. F. Smith, its attorney, comes and defends the wrong and injury, when, etc., and says that the said plaintiff, before and at the time of the commencement of this suit, was, and still is,…