#### Jonathan Mayo, Appellant, v. John Chenoweth, Appellee.

APPEAL FROM EDGAR.

No action can be maintained upon an instrument of writing for the payment of money, unless the instrument shows upon its face to whom it is payable.

Robinson, for appellant.

Cowles, for appellee.

Opinion of the Court by

Justice Browne.

This was a suit originally brought before a justice of the peace of Edgar county by John Chenoweth against Jonathan Mayo, on an instrument of writing of the following description: “ This shall oblige me to pay thirty-five dollars on a judgment in the hands of Lewis Murphy, Esq., against Mark A. Sanders, in favor of John Chenoweth, with interest from this date till paid. Jonathan Mayo.”

April 18,1823.

A judgment was obtained against the said Jonathan Mayo by the said John Chenoweth, before a justice of the peace, for the sum of thirty-five dollars, from which judgment the said Jonathan Mayo appealed to the circuit court of Edgar county, in which court the judgment of the justice of the peace was affirmed, and from the judgment of the circuit court of the aforesaid county, Jonathan Mayo takes an appeal to this court.

The court below erred in rendering judgment below for the then plaintiff, John Chenoweth, against the defendant, Jonathan Mayo, in this, that it is not shown by the said instrument of writing upon which the action was founded, to whom it was made payable. For which reason, the court is of the opinion that the judgment below be reversed, (a) , (1)

Judgment reversed.

(a)

Vide Smith v. Bridges, ante, page 18.

(1)

See note to Smith v. Bridges, ante, p. 18.