Black v. Wilson

— This was an action of assumpsit brought by Wilson against Black. There are two counts. The first is on the assignment of promissory note executed by one Fleming, to the defendant, and alleges the notorious insolvency of Fleming, at the time of the assignment and until his death, as an excuse for the plaintiff’s not having sued him. The second count is for money had and received, &c. Plea, the general issue. Verdict for the plaintiff. Motion for a new trial overruled; and judgment on the verdict.

The only evidence of the maker’s insolvency is, that his personal estate at the time of his…