Miles v. Andrews

This was an action of assumpsit, by appellants, against appellees, upon three promissory notes. The declaration contained three special counts, each describing one of the notes in suit, and also the common counts. The defendants filed two special pleas: First, that the notes were given without any good or valuable consideration ; and second, that the sole and only consideration upon which they were executed was for money won by plaintiffs from defendant Robert B. Andrews in a certain speculation on the market price of grain, and defendant Wells Andrews signed the notes as surety. On the trial…