Russell v. Drummond

This was an action of debt, brought in the name of Drummond, for the use of Russey and Tack, against Russell, to recover the contents of a sealed note, dated in September, 1842, for 224 dollars and 75 cents. The suit was commenced in August, 1849. The issue upon which the case turned was joined on a plea of payment. There was a trial by the Court, a finding for the plaintiff for the amount of the note and interest, deducting a credit of 75 dollars. Motion for a new trial overruled, and judgment.

During the malting up of the issues, as the record states, the defendant below craved oyer of the…