Bank of North America v. Chicago, Danville & Vincennes Railroad

Our first conclusion in the present case was, that the court below erred in striking the defendant’s plea from the files, and that its judgment should be reversed, and we, accordingly, so adjudged. A rehearing having been ordered, on further and more mature deliberation we have come to the conclusion that our former judgment should be changed, and the judgment of the court below affirmed.

The form of action is assumpsit, and the declaration contains a special count on a promissory note of the defendant, executed by J. E. Young, its manager, bearing date July 29,1873, payable to one S. J.…