Tennessee Supreme Court April 15, 1859 (Bowers v. Douglass)

McKinney, J.,

delivered the opinion of the Court.

This was an action of debt, founded on .a promissory note for $1200.00, purporting to have been made by the firm of Douglass & Witherspoon, payable to A. J. Montgomery, and by him endorsed to the plaintiff. This suit is against Douglass alone. The defendant pleaded: First, nil debet; and, secondly, a plea in the nature of non est factum.