Maddy v. Sulphur Springs & Western Turnpike Co.

Suit by the appellee, against the appellant, upon a promissory note for thirty-six dollars, averred in the complaint to have been made by the appellant, payable to the appellee, by the name of “H. Minesinger, Tr. S. S. & W. Tp. Co.” A copy of the note was filed with the complaint as part thereof.

The note was dated November 23d, 1869.

A demurrer to the complaint was overruled, and exception taken.

Answer as follows:

“The defendant says that the note sued on was-exe*149cuted for an assessment upon the defendant’s lands for the construction of the turnpike road of the plaintiff, under and hy virtue of…