Pomeroy v. Burnett

Assumpsit upon a promissory note by Burnett for the use of Thompson, administrator of Thompson, deceased, against Pomeroy. The declaration contains two counts. There are four pleas going to both counts. 1. The general issue; 2. Fraud and 3. Failure of consideration generally; and, 4. A plea which states that the note in the counts in the declaration mentioned, being the same note in both counts, was given for the purchase-money of a certain tract of land described in the plea; that at the time of the execution of the note, a deed by the payee thereof, with covenants, was executed for said…