Webb v. Burke

Judge Breck

delivered the opinion of the Court.

This was a petition and summons brought by the appellant, against the appellee, J. B. Burke, upon the following note:

“On or before the 1st day of October, 1840,1 promise to pay Aaron Webb, five hundred and twenty eight dol-' lars, the last payment for a certain tract of land, where said Burke now lives ; as witness this 10th day of October, 1839. John B. Burke, Agent.

for Samuel Burke.”

Robt. Scott.”

The defendant, now appellee, filed a general plea of non est factum. It was admitted upon the trial, that the signature of the defendant to the writing…