Frank v. Grimes

Howk, J. —

This suit was commenced by Henry Heist, then in full life but since deceased, against the appellee Grimes, in the Whitley Circuit Court. Heist’s complaint contained two *347■paragraphs. The first paragraph counted upon a written instrument, alleged to have been executed by appellee Grimes to Henry Heist, of which the following is a copy:

“ Settled all accounts in full up to date, November 27th, 1877, and balance due H. Heist $804.21, to be paid within ■thirty days from date, or note given one year after date with ten per cent, interest, if he fails to do so.

(Signed) “ J. Grimes.”

In the…