Clarke v. Johnson

This was an action of assumpsit on a promissory note executed by defendant to one Bush, on the twenty-eighth of October, 1869, for §108, due at one day, with ten per cent per annum interest. On the back of the note was endorsed an assignment, in the usual form, but without date, to plaintiff. A plea, among others, was filed averring that the making of the note was obtained by fraud and circumvention. A trial was had, resulting in a verdict and judgment in favor of defendant, and plaintiff has brought the record to this court, and assigns various errors.

On the trial, appellee testified that he…