Nunn v. O'Brien

Opinion by

Judge Lindsay:

It is sought by the amended petition to charge the estate of Mrs. O’Brien upon the ground that the note was given for necessaries for herself and family sold to her and delivered upon her credit.

Sweeney & Stout, for appellant. Thos. B. B-otts, for appellee.

The note includes a statement of the articles sold, in the form of the account between Cheaten, the assignor, and his debtor. This statement is not only an exhibit, but as it is attached to and explains the note, it is essentially part and parcel of the foundation of the action.

It was not only proper to consider it…