Hewitt v. S. Hexter & Co.

On the 3d day of December, 1876, Hubert G. Hewitt gave bis note for $100 to his nephew, Louis C. Hewitt, and this suit is for recovery of the balance claimed to be due on this note, it having been assigned to appellees. The defenses were payment and the Statute of Limitations. There were two credits upon the back of the note which read as follows: “ Feb’y 1, 1879, credit on the within note $9.” “July 28, 1880, a credit of $3 on the within note.”

The first credit of $9 was claimed to be for a quarter of beef, and the one of $3 was claimed to be for one day’s work of one George Dorand, who it…