Fenner v. Dickey

WILLSON, District Judge.

This is an action brought upon defendants’ promissory note for $SS3.65, payable to the order of the plaintiffs, one year from date, at the Merchants’ Bank of Massillon, and dated New York, December 1, 1S57.

The case was heard upon demurrer to a special plea in bar.

The facts disclosed by the plea are, that the defendants, previous to the 19th of November, 1857, had been largely engaged in the mercantile business at Massillon, Ohio; had become insolvent beyond their ability to pay in full, on account of their liability for goods to the plaintiffs and other eastern…