Hall v. Junction Railroad

Suit on a note and a writing, named in the pleadings a warrant. Answer, setting up that the defendant *363had delivered to the plaintiff a note, on one Róby, who wag then good, and the note collectable, to be collected .and accounted for, ,&c.; that ¡plaintiff had negligently failed to s.ue, until Roby had become insolvent, and the same could not be collected because of said negligence, &c. A demurrer to the answer was overruled; as well -as a motion to strike out portions thereof. Points are .presented upon .these rulings. The pleading avers that, at the time the note was delivered, a receipt…