Mitchell v. Cotten

Douglas, Chief Justice:

This is an action of assumpit instituted by the plaintiff in error in the Loon Circuit Court against the defendant in error as executor, &c., of John W. Cotten, deceased, to recover the sum (alleged to be) due upon a promissory note, of which the following is a copy, viz:

“ On or before the first day of January next, we or either of us, promise to pay Isaac W. Mitchell, or order, fifteen thousand nine hundred and fifty-fivo dollars, with ten per cent, interest from date, for value received this 2d January, 1841.,

[Signed] H. Doggett,

J. W. Cotten.”

The declaration contains…