Locke v. Leonard Silk Co.

Defendant in error commenced an action of assumpsit in justice’s court to recover the amount due on a promissory note given by Locke to the company. The suit was commenced by summons returnable August 5th. On the return day after joining issue, counsel for defendant moved the court for a continuance of the cause on account of the sickness of the defendant. Plaintiff’s counsel then admitted that the defendant had been sick and unable to attend to business on the previous day. An affidavit was filed setting forth that the defendant was still in a weak condition and that in the opinion of the…