The opinion
Johnson, J.
The defendant could not, to defeat the action on the general issue, rely on the note being joint, but if he intended to avail himself of that circumstance he ought to have pleaded it in abatement. For the note being joint did not prove that the defendant had not assumed, and assumed, although another also assumed;-there was no variance of course between the allegata and probata.
JUSGMENT REVERSE», &üj