Hewett v. Johnson

This was an action of assumpsit, brought by appellant in the circuit court of Jefferson county, against appellee, on a promissory note, dated February 5, 1870, due in eight months after date, for $250, with ten per cent interest, given by John T. Johnson to Jas. B. Drake. The note was assigned to appellant without recourse, and the indorsement is without date, but the proof showed it was transferred before due.

Appellee pleaded the general issue, and that the making of' the note was obtained by fraud. Issues were formed upon these pleas, a trial was had before a jury, and a verdict returned in…