Bacon v. Brown

OPINION of the Court, by

Judge Bibb.

— In debt; on bond, conditioned for the payment of $ 153 75 on. or before the 16th of August, 1806, dischargeable “ in notes on persons living within the county of Franklin, of sums under a warrant, to be demanded and paid in Frankfort,” the plaintiff assigned breaches, 1st. in non payment generally ; 2dly. in non payment in notes, “ although demanded in Frankfort, &c. on the-- day of —, 1806.” The defendant pleaded conditions performed, the plaintiff consenting to submit the whole merits of the cause to the jury, without special pleading. On the trial the…