Stingley v. Kirkpatrick

This was an action of assumpsit, brought by Stingley against Kirkpatrick, upon a promissory note.

The defendant pleaded in bar of the action, that the note sued on was joint and several, and purported to be executed by himself, one David Patton, and one Samuel Bush; that the plaintiff, at the August term of the Tippecanoe Circuit Court, 1842, impleaded this defendant, said Patton, and said Bush, in an action of debt, for .not performing the same identical promises and undertakings, and each and every of them, mentioned in the declaration in this suit; that the defendants, Patton and. said…