Herman v. Sprigg

This is an action commenced in the usual form, by the plaintiff, endorsee of a promissory note, against the defendant, maker thereof. The instrument is negotiable, and was made payable to one William Flood, who since the execution of it, is deceased, and by whom it was endorsed to the petitioner.

The defendant pleads,

1. An exception to the process of citation, *191because a copy of it was not served according to law.

2. A general denial of all the allegations in the petition.

3. That the petitioner obtained the note, on which this suit has been commenced, by unfair means, viz: by an usurious…