4 Ark. 157
Decided January 15, 1842
Supreme Court of Arkansas · decided 1842-01-15
This was an action of debt, tried in Pulaski Circuit Court, in November, A. D. 1841, before the Hon. John J. Clendenin, one of the Circuit Judges. Pitcher, Weaver & Co., sued Samuel G. Trowbridge & Richard T. Jennings, as partners, on a note executed by their firm name. The defendants pleaded nil debet, without swearing to the plea. Upon the issue, no other evidence being produced than the note, the plaintiff had judgment.
Decided 1842-01-15
¶1By the Court,
¶2Under our statute, the production of the note is evidence of its execution, and the consideration for which it was given, and is full proof of these facts, unless questioned by pleas of nil debet, non est factum, non assumpsit, and the like, supported by affidavit. In this case, the • plea is unsupported by affidavit; consequently, the production of the note itself proves the indebtedness of the defendants, in the manner charged in the declaration.
¶3Judgment affirmed.