Collins v. Makepeace

The appellee was the plaintiff below, and Collins was the defendant. The complaint contains two counts. The first is upon a promissory note in these words:

“On or before the 20 th day of August, 1853, I promise to pay Allen Makepeace 166 dollars and 50 cents, value received, waiving the appraisement laws of Indiana, to draw 6 per cent, from date. March 22, 1853.

“ Elijah Collins.”

The second count is upon an account stated, under which there is filed a bill of particulars in this form:

“Elijah Collins, to Allen Makepeace, Dr.:

“ March 22,1853. To balance due me on settlement of that date on a note…