Court of Appeals of Maryland December 15, 1841 (Wyman v. Rae)

Archer, J.,

delivered the opinion of the court.

The taking of a note for goods sold and delivered, certain» ly does not extinguish the original cause of action. An action on the common counts, may be sustained by proof of thé sale and delivery of the goods, although a note may have been given therefors 17 Seargt. and Low. 152.