Conard v. Dowling

This was an action of assumpsit, brought by Dowling against Conard and Harris, on a promissory note for 200 dollars..

There are five pleas.

There was a replication to the first plea, a rejoinder to the replication, and a demurrer to the rejoinder. The demurrer *39was sustained. This plea, replication, and .rejoinder, are similar to the second plea, replication, and rejoinder, in a case between these same parties, decided May term, 1845. The replication in that case was held to be good, and the rejoinder bad. We adhere to that opinion.

The second plea is as follows: That the rióte sued on was given…