Woodworth v. Spafford

LEAVITT, District Judge.

The declaration in this case is in assumpsit, and contains four special counts. The first sets out a note for $500, dated December 6, 1836, drawn by Saltmarsh and Boardman, and Hugh Gillis & Co., partners, &c., payable to Benjamin Woodworth, or order, in ninety days from date. The notes described in the second, third and fourth counts, are for $1,000, each, drawn by the same parties, bearing the same date, and payable, respectively, in six, nine and twelve months. The fifth count is general, for goods sold, &e.

The defendants have put in a plea of the general issue,…