Pratt v. Graff

The appellee, who was the plaintiff, brought this action against Pratt & Co., alleging, in his complaint, that the defendants, on March 10,1858, by their note of that date, promised to pay Bowser & Story $201, out of the mill and warehouse of the defendants, as they, Bowser & Story, should order it; and that said Bowser ds Story afterward, &c., assigned the note to the plaintiff.

It is averred that after the assignment on March 26, 1858, the plaintiff demanded and ordered payment of the defendants, out of their mill and warehouse; but they refused to pay, &c. A copy of the note was filed with…