Leach v. Nichols

This was an action of assumpsit, brought by plaintiff in error against defendants in error, upon a promissory note alleged to have been made by the latter, bearing date March 23, 1868, whereby the defendants, for value received, promised to pay to H. Burbank, one year after date, $180, at ten per cent interest, which was endorsed by Burbank to one Munson, and by him to the plaintiff. The general issue and three special pleas were filed. The special pleas set up the defense, that the note was obtained by said Burbank by fraud and circumvention, upon which issue was taken, the cause tried by a…