Spears v. Clark

— Clark sued Spears in assumpsit. The declaration contains three counts. The first is on the assignment of a promissory note payable in 1838 ; the second for money had and received; and the third for money paid. Plea, the general issue. Verdict for the plaintiff; motion for a new trial overruled ; and judgment on the verdict.

The first count, on which alone any evidence was given, alleges, among other things, that judgment was obtained against the makers of the note, in the Tippecanoe Circuit Court, at the August term, 1839, and that that was the first term after the assignment sued on was…