Carpenter v. McLaughlin

This is a petition for the new trial of an action on a negotiable promissory note, dated May 27, 1871, for 1380.10, made by one Michael Phalen, payable four months after date to the order of the plaintiff’s firm at bank. The note was a second renewal of a note given for a balance due for materials sold by the plaintiff’s firm to Phalen, and the defendant wrote his name upon the back at the time it was made and before it was delivered. The note was not paid at maturity, was not protested, and no notice was given the defendant of its non-payment.

On trial to the jury the defendant offered to…