Dixon v. Hood

Opinion of the Court, delivered by

Scott, Judge.

Hood brought an action of assumpsit on a promissory note against David W. Dixon, John Russell, and Michael Christy, comprising the firm of John Russell & Co. Dixon alone was served with process, and amongst other defences, denied by a plea verified by affidavit, the execution of the instrument sued on. During the progress of the trial a witness was asked by Hood, if John Russell, one of the firm who executed the note sued on, did, at the time of the sale of the goods which formed the consideration of the note, declare who composed the firm of…