Shirly v. Harris

OPINION OF THE COURT.

This action is brought on a sealed obligation in which was recited, that “the defendant had given a joint note with Beverly Wallace for the sum of $400 payable to the plaintiff, or order, on 3d October, 1842, dated December, 1840.” And the defendant covenanted • that the money should be paid to the plaintiff, in Missouri, at his residence, when due, or he would pay ten per cent, interest and the expense of plaintiff in coming to Indiana for the money. And the plaintiff averred that the money was not paid, and the expenses in coming for the money is averred, &c.

The…