Supreme Court of Florida July 1, 1867 (Fife v. Turner)

BAKER, ,L,

delivered the opinion of the Court.

This is an action of assumpsit, commenced in the Circuit Court of Leon county. The plaintiff in his declaration alleges, “ that the defendant, on the 22d day of April, 1864, by his promissory note, now over due, promised to pay the plaintiff one thousand dollars on the 1st day of Jan’y next thereafter, but did not pay the sameand for that the de*