Sheldon v. Lewis

This was an action of assumpsit, brought by E. 1ST. Lewis against George F. Sheldon, on a promissory note dated February 29th, 1876, due in thirty days, given by the defendant to Lewis, for the sum of $800, with interest after due at ten per cent. The declaration contained a special count on the promissory note, and also the common counts. The defendant pleaded to the declaration, the general issue and two special pleas. The second one was as follows:

“And for a further plea in this behalf, the said defendant says actio have, because he says that the special count and common counts in…