Hazzard v. Duke

The appellee in his complaint avers, that the appellants were bankers under the firm name, “Hazzard, Murphey & Co.;” that he delivered to them three promissory notes, executed by Hiram Allen to him, secured by mortgage on real estate, as security for a loan, and for further advances; that they made certain other loans to him,then refused to make further advances, and collected the amount of the notes so delivered as collateral security, and refused to pay the appellee any part thereof. Wherefore, etc.

There was also a paragz-aph of complaint on the-common count for money had and Received.

Answer…