Elminger v. Drew

OPINION OF THE COURT. This is an action of assumpsit by the indorsee against the indorser of a note. The declaration contains eleven counts. The first count states that E. Morse & Co., made their promissory note on the 10th of March, 1838, for fifteen hundred dollars, payable sixty days after date, to the order of defendant, at the office of the American Fur Company, in the city of New Xork; which note was assigned by the defendant to the plaintiff, was duly presented for payment and protested. The 2d count was substantially the same. The 3d count the same, and in addition, that the makers of…