Bozell v. Hauser

This was an action commenced on the 25th of January, 1856, before a justice of the peace, by Hauser, assignee, against Bozell, assignor, of a promissory note. The note bears date December 15, 1853; was executed by one Miller to Bozell, the defendant below, for the payment of 100 dollars at twelve months; and by the latter, on the 18th of February, 1854, assigned to Moses Pruit, who assigned it to Hauser, the plaintiff.

The complaint charges that the note is due and remains wholly unpaid; and that when it became due, Miller was, and still is, insolvent, so that an action against him would have…