Bonnell v. Wilder

This was an action of assumpsit on a promissory note. The pleas were, non-assumpsit, payment and set-off, on which issues were made up.

The plaintiff, to prove the issue on his part, introduced the note. To maintain the issues of defendant, he was himself the witness. They being affirmative issues, he was bound to sustain them by a preponderance of evidence. He testified that, before making the note sued on, he held a note on Levi Crane, secured by mortgage on certain personal property—a portable saw-mill, buggy, pair of timber wheels and three yoke of oxen ; that he could realize nothing on…