Southworth v. Hoag

Hr. Justice Breese

delivered the opinion of the Court:

This was an action of assumpsit, brought to the September Term, 1865, of the Hontgomery Circuit Court, by Elizur South-worth against Constantine Hoag, William Kissick and Augustus Adams, on a promissory note. Hoag, alone, was served with process, and he pleaded the general issue, and a total failure of consideration, setting out the facts, and, for a third plea, a partial failure of consideration, showing wherein and to what extent.

The cause was tried by a jury on the issues made up on these pleas, and a verdict for the defendant. A motion…