Bayard v. Lathy

OPINION OP

THE COURT.

This was an action of assumpsit against the defendant, as acceptor of two hills of exchange, for $1,000 each, dated Dec. 13, 1838, drawn on the defendant, in favor of plaintiff, at Pitts-burg, where plaintiff resides, by one James Gonsalis. [Verdict for plaintiff.]

Issue was joined on the defendant’s plea of nonassumpsit, and a jury impanneled to try the same. The plaintiff gave in evidence to the jury the following letter, written by the defendant to the said Gonsalis, the drawer of the bills in question:

“Upper Alton, Oct. 12, 1838. James Gon-salis, Esq.: Dear Sir—You are…