Dunn v. Sparks

Assumpsit by Dunn against Sparks. The declaration contains two counts. The first is upon a bill of exchange, dated September 2,1839. The bill was drawn by Sparks, and directed to one Durbin, whereby he was requested, four months after date, to pay to the order of Dunn, at the Merchants’ Bank of New- Orleans, 1,000 dollars. It is alleged that Durbin accepted the bill on sight; that it was duly presented at the bank for payment, which was refused, and that the same was protested, &c. The second count is for money paid, &c. Pleas, 1. The general issue. 2. A discharge in bankruptcy, to the first…