Williams v. Nesbit

This was an action by Joseph Resbit, as assignee, against Thomas R. Williams, as assignor, of a promissory note executed by William Hartman and Charles W. Heady to the said Williams.

The complaint was in two paragraphs. The first paragraph alleged, that, at the time of the maturity of the note, the makers, Hartman and Heady, were openly ana notoriously insolvent; wherefore a suit against them would have been unavailing.

The second paragraph stated, substantially, that, on the 24th day of July, 1874, the said William Hartman and Charles W. Heady, by their promissory note of that date, promised…