Howard v. Kisling

Howard sued Fishing before a justice- of' the peace, upon a promissory note, which was filed b.efore the justice as the plaintiff’s cause of action. The note, with an indorsement of credit thereon, reads thus:

“ July 18, 1867.

“Four months after date, I promise to pay to the order of H. B. Howard, at the warehouse of Stout, $126, value received, without any relief whatever, from the appraisementlaws.” Signed, “ John Fishing.”

Indorsed, “March 4,1858, Received on the within, $100.”

*84Defendant answered, admitting the execution of the note, but alleging that it was given in part payment for a reaping…