Stephens v. Mason

Mason brought this suit against Stephens and Johnson on a promissory note executed for the price of a horse. The defendants pleaded breach of warranty as to working qualities of the animal sold, fraudulent alteration of the note, and set-off. The Circuit Judge, hearing the case without a' jury, rendered a judgment against the defendant for the amount of the note, with interest, less five dollars allowed as set-off. The defendants appealed in error.

There was conflicting evidence in respect of all the matters of defense presented, consequently, the finding of the trial Judge is conclusive. The…