Phillips v. Cooley

Opinion by

Gbeene, J.

An action of assumpsit on a note, by which Samuel M. Cooley promised to pay Jacob Phillips two hundred bushels of good corn, on or before tbe first day of December, 1848. Suit commenced before a justice of tbe peace, where tbe defendant recovered a *457judgment. The plaintiff took an appeal to the district court, and there on the trial, offered the note in evidence to the jury, but the defendant objected to the introduction of the note, on the ground, that the plaintiff had not proved a demand of the corn, previous to the commencement of the suit. This objection was sustained,…