For that whereas the said defendants heretofore, to wit, on the tenth day of September in the year of our Lord One thousand eight hundred and forty, made a certain note in writing, commonly called a promissory note, bearing date the same day and year aforesaid, and then and there delivered the said note to one Robert E. Lee, and thereby eight months after date jointly and severally promised to pay to Robert E. Lee Agent for the , the sum of Forty eight hundred and sixty six dollars and thirty eight one hundredths, negotiable and payable at the Bank of the State of in , for value received, without discount or defalcation in specie; And the said Robert E. Lee to whom, or to whose order the payment of the said sum of money in the said note specified was by the said note to be made after the making of the said note and before the payment of the said sum of money in the said note specified, to wit, on the tenth day of September aforesaid, at in the State of aforesaid, endorsed the said note, by which said endorsement he the said Robert E. Lee then and there ordered and appointed the said sum of money in the said note specified, to be paid to the said , and then and there delivered the said note so endorsed as aforesaid to the .

The said defendants afterwards, to wit, on the tenth day of September in the year aforesaid had notice. By means whereof, and by force of the statute in such case made and provided, the said defendants became liable to pay to the in this suit the said sum of money mentioned in the said note, according to the tenor and effect of the said note.— And whereas also, the said defendants on the tenth day of September in the year of our Lord One thousand eight hundred and forty, at the place aforesaid were indebted to the said in the sum of forty eight hundred and sixty six dollars and thirty eight one hundredth of lawful money of the , for divers goods, wares, and Merchandize by the said before that time sold and delivered to the said defendants, and at the special instance and request of the said defendants, and to be paid by the said defendants to the said , when they the said defendants should be thereunto afterwards requested, whereby and by reason of the said last mentioned sum being and remaining wholly unpaid, an hath accrued to the said to demand and have of and from the said defendants the said sum of forty eight hundred and sixty six dollars and thirty, eight one hundredths parcel of said sum above demanded.

And whereas also, the said defendants afterwards, to wit, on the same day and year, at the place aforesaid, were indebted to the said in the further sum of Five thousand one hundred and thirty three dollars and sixty two cents of like lawful money as aforesaid, for so much money before that time lent and advanced by the said to the said defendants and at the like request of the said defendants, and for other money by the said before that time paid, laid out and expended for the said defendants, and at the like request of the said defendants, and for other money by the said defendants before that time had and received to and for the use of the said [p. 530]