McClatchie v. Durham

Durham sued McClatchie in justice’s court, declaring generally on the common counts in assumpsit and on the following promissory note :

“ $64.00 Pentwater, February 11, 1871.

“For value received I promise to pay to E. Stanhope or bearer the sum of sixty-four dollars on or before the first day of June next.

“ Georoe C. McClatchie.

“ Jehiel V. Durham.”

The peculiarity of the claim upon this note is- seen to be that defendant was joint maker with plaintiff. The suit was instituted on the fifth day of July, 1879, so that all remedy upon the note would then have been barred for more than two years but…