¶1"The jury sworn, find that the defendant did assume; find no set-off, find the defendant did not take the benefit of the act of insolvency, and assess the plaintiff's damage to £ 73 16s. and 6d. costs: subject to the opinion of the Court, whether the note on which the plaintiff's action is grounded, is a negotiable note within the statute; if it is, they find for plaintiff; if not, for defendant."
¶2The note was for £ 100 currency, payable in tobacco.