Fields v. Carney

Suit had been brought in 1860, in the name of Carney, who was indorsee of a note for $2,200, given by "Woods and Fields — Fields was only a surety on the note. Pleas were filed by defendants to the declaration, among others, one of non assignavit, stating that the note had not been regularly assigned to Carney — also a plea of usury. The case thus stood until after the war, when Fields asked leave of the *138Court, supported by affidavit, to file a plea puis dar-rein continuance, of set-off, alleging tbe ownership then of a note of upwards of $3,000 on Carney, assigned to him; that he was only a…