Beard v. Adams

An action of assumpsit was brought in September, 1842, by Adams, as assignee of a promissory note, *470against Beard the maker. The note was payable to James Grover and James W. Borden at the branch at Terre-Haute of the State Bank of Indiana, and was assigned by them to the plaintiff. Pleas, 1. Non assumpsit without oath; 2. That the plaintiff had previously sued the indorsers of the note, and, at the May term, 1842, had obtained judgment against one of them, the process not having been served on the other; that the how defendant had entered himself bail for the stay of execution on said…