Kincaid v. Higgins

OPINION of the Court, by

Judge Boyle.-

— This was a suit by* petition, upon a note with an assignment thereon in the following words, viz :

“ Cedar Point, July 31st, 180?. — On a settlement betwixt George Brown and me this day, it appears I am induing him a balance of eighty three dollars seventy-five cents, besides the former settlement, which I promise to pay as soon as 1 possibly can.

JOHN KINCAID.”

“ I assign the within note to Mr. John Higgins.

GEORGE BROWN.”

Besides the general issue of non assumpsit, two other pleas were filed in this case. The first in substance *397States, that it was mutually…