Stitzel v. Miller

This is a suit in assumpsit brought by appellees in the circuit court of Lee county against appellant upon a promissory note dated February 22, 1908, payable one year after date to Harrison Miller and by him endorsed in blank and sold and delivered to appellees. This note was for the principal sum of $6500, with interest at six per cent, and purported to be signed by D. C. Miller. The appellant filed a special demurrer, charging that the suit was prematurely brought and the note non-negotiable. On the demurrer being overruled the appellant pleaded non-assumpsit, with a verification denying…