Glasgow v. Hobbs

The appellees sued the appellants and James L. and Abraham Yater, upon a promissory note executed in the firm name of Yater, Bro. & Co., and upon an account for goods and merchandise sold and delivered to the said firm. The two Yaters did not answer, nor were they defaulted. They seem to have dropped out of the case.

The appellants answered in four paragraphs. The first was a special plea of non est factum as to the note; the second, the general denial; the third, payment; the fourth was, in substance, as follows:

That the goods, for which the action was brought and for which the note was…