Webber v. Blanc

Mabry J.:

Appellant, as plaintiff below, sued appellee in assumpsit to recover the balance due on a promissory-note executed by the latter to Mary C. Rerdell, and endorsed to plaintiff. The defendant’s plea to the declaration admits the execution of the note sued on, but alleges that plaintiff ought not maintain the action because on the 14th day of October, 1888, a time before the institution of the suit in assumpsit on the note, he had his remedy against defendant, in a court of competent jurisdiction, upon the same note, in a foreclosure of a mortgage which was'executed of even date with…