Herald v. Scott

Assumpsit by William Heraid, the assignee, against Scott and Wise, the assignors, of a promissory note, of which Jacob Harper was the maker. There are five counts in the declaration. The first describes the note as due on the 12th of December, 1837; as assigned to the plaintiff on the 9th of September, 1840; and avers that it was void for want of consideration. The fourth count is like the first.

To each of these counts there was a plea, by way of estoppel, that the assignee had obtained judgment on the note in a suit against the maker, which judgment remained in full force, &c. The plaintiff…