tiff ought not to have or maintain his aforesaid action thereof against them. Because they say the said plaintiff had no right in law or by the rules regulations and practice of the Court to have filed his declaration herein, heretofore, and proceed to trial against them in this cause at the present term of this court under the process in this cause and this they are ready to verify wherefore they pray judgment that said declaration may be quashed.
And said defendants protesting &c &c &c 3[rd] because they say that the consideration given by said J [?] [?] Lorimer to said defendants for said note the foundation of plaintiffs action was the amount of said note, to wit, fourteen thousand dollars in the bank bill of the Union Bank of Florida, and that said were at the date of said note greatly depreciated and only of the value of sixty cents in the dollar, and that it was the contracts, agreements and understanding between said defendant and said [?] Lorimer at the time said note was executed by said plaintiff that the same was to be repaid in bank bill of the said Union Bank, or of equal value to said Union Bank bill received of said Lorimer for said note and that said plaintiff had legal notices of said contracts agreements and understanding before and at all the time he received said note from having received the same after it bill due and this &c &c
And said defendants proceeding as aforesaid &c &c because they say that the consideration said defendants received for said note in plaintiffs declaration set fourth was fourteen thousand dollars received of said J.[?] Lorimer, in the Bank bills of the Union Bank of Florida and that said bills were at that time and have ever since maintained and now