Clark v. Spears

This was an action of assumpsit brought by Clark, assignee, against Spears, assignor, of a promissory note. The declaration contains two counts.1 Tire first count alleges that the note was made by Taylor and Smith to Marshall, indorsed by the payee to Sumner, by the latter to the defendant, and by the defendant to the plaintiff; that the plaintiff indorsed the note to Mains ; that the latter obtained judgment against the makers of the note at the August term, 1839, of the Tippecanoe Circuit Court, which was the first term after the assignment of the note to the plaintiff; that the said term…