Campbell v. Goodall

Mr. Presiding Justice Sample

delivered the opinion of the Court.

The facts in this case and the issue therein are succinctly stated by appellants’ counsel as follows:

“ This was an action in the Circuit Court brought by the appellees in form of assumpsit, upon a note given to the decedent, Thomas Davis, for the sum of §923.45, of date November 3, 1884, due one day after date and signed by Z. Hudgens (by M. C. Campbell) and M. C. Campbell and O. S. Tippy, the defendants Campbell and Tippy being the only parties served as defendants, with process.

There were credits on the note to the amount of…