Henderson Dempsey v. Skinner

The opinion of the Court was delivered by

Mr. Justice Cothran.

The complaint alleged that the defendant was indebted to the plaintiffs on a promissory note signed, not by the defendant, but by one Henry McCally. The defendant was not a party to this note, either as maker, co-maker, indorser or guarantor. At the trial the plaintiff’s attorney, realizing that he could not possibly recover on such a complaint, was allowed to amend it by adding a cause of action for goods sold and delivered. To this complaint the defendant entered a general denial and pleaded the statute of frauds; that the promise…