Mississippi Supreme Court May 15, 1870 (Jagers v. Griffin)

Simrall, J. :

Assumpsit was brought by Win. H. Griffin, in the circuit court of Amite county, against the defendant in error, founded on a promissory note. The defendants below pleaded non assumpsit, and a special plea, setting up a failure of consideration. Demurrer was sustained to the special plea; whereupon the defendants gave notice of facts that would be offered under the general issue.