Indiana Supreme Court May 28, 1841 (Berger v. Henderson)

Sullivan, J.

Debt on a promissory note 'by Henderson, assignee of Elliott, against Berger. The declaration was in the usual form. Pleas, 1st, nil debet; 2dly^ payment and a release. To the second plea, a special demurrer was filed on account of the duplicity, and correctly sustained by the *546Court. By consent of parties, the remaining issue was tried by the Court.