Howard v. Cobb

Suit by Howard, assignee, &c., against

Cobb, before a justice of the peace. The cause of action *6was a promissory note, given for a shingle-machine, and the defence specially pleaded was that the note was obtained by fraud, in this, that false representations were made as to utility, value, &c. On the trial of the appeal in the Circuit Court, there was judgment for the defendant.

J. Davis, for the plaintiff. J. S. Scobey, for the defendant.

The plaintiff brings the case to this Court, and assigns errors as follows:

“ 1. The Court erred in refusing to give to the jury the instructions asked for by…