Merlin v. Manning

This suit was brought on an instrument of writing, as follows, i. e.:

Mobile, June 10, 1839.

This may certify that I am indebted, for merchandise, to Lui Collet, in the sum of two hundred dollars, for value received. (Signed) C. Merlin.

The plaintiff alleges in his petition that this instrument was transferred to him by the payee by delivery. There is no averment that the plaintiff had paid any value for the note.

The defendant demurred and pleaded that the plaintiff had no right to sue him, according to the allegations, general denial and some other pleas not material to be noticed. On the trial…