Ormsby v. Letcher

OPINION of the Court, by

Judge Owsley.

This Was an action of assumpsit, brought by Letcher against Ormsby' in the court below. Nonassumpsit was pleaded, and leave given Ormsby to avail himself of any other defence on the trial that would be admissible under any legal plea. A verdict was obtained in favor of *270Letcher, and Ormsby’s motion for a new trial overruh ed, and judgment rendered on the verdict of the jury. From this judgment Ormsby has appealed to this court.

Agreement debtor that a fettlemenc made by the creditor and a third perfon ihould be examined by either party, will not take a cafe…