Thompson v. Kirkpatrick

On the 6th of March, 1856, Simeon Kirkpatrick commenced an action of debt against Robert Thompson, in the Yell Circuit Court. The action was founded on a writing obligatory for $300, executed by the defendant on the 26th December, 1853, to Jonathan Smith (next friend to W. D. Smith,) due 1st January, 1856; and by the said Jonathan Smith assigned to the plaintiff on'the 12th March, 1855.

At the September term, 1856, the defendant, Thompson, filed a special plea in bar of part of the plaintiff’s demand, setting up substantially the following facts:

On the 11th February, 1856, one Thomas J. Waters…