Kilcrease v. White

The appellee in this case sued the appellant in the Gads*46den Circuit Court, in an action of assumpsit on several promissory notes. The third count in his declaration (upon which the question presented for our consideration arises,) is as follows, viz : “ and whereas also, the defendant heretofore, on the fifth day of November, A. D., 1853, made his certain promissory note in writing, and thereby promised to pay to the said Mary C. Rogers or bearer the sum of five hundred and sixty-eight dollars and sixty-five cents? one day from the date thereof, (which period had elapsed before the…