Henry v. Woods

Philips, C.

'This Is an action of assumpsit instituted by appellant to recover various sums of money alleged to have been loaned and advanced by him to defendant in 1873 and 1874.

The answer, after interposing a general denial, pleaded that m 1871 defendant loaned plaintiff $1,500, and plaintiff had defendant to take as and for the same one note of plaintiff's brother, L. H. Henry, for $1,000, secured by deed of trust on real estate, in which W. C. Marlett was trustee, and one note of $500 secured by chattel mortgage, but it was plaintiff’s debt and he promised to pay it; that *278plaintiff made…