Pitzer v. Harmon

Assumpsit for money paid by the plaintiff to the defendant’s use. Plea, the general issue; trial by the Court; and judgment for the plaintiff.

The facts are as follows: The defendant was indebted to a third person by a promissory note, to which the plaintiff was surety. The plaintiff to avoid a suit made an arrangement with the creditor, by which he gave his individual note (not negotiable by the law-merchant) which was received in discharge and satisfaction of the joint note of the defendant and plaintiff The note so given in lieu of the other note had not been paid when this action was…