Hanna v. Spencer

Assumpsit by the plaintiff in error against the defendant in error upon a promissory note for the payment of 93 dollars and 40 cents. Pleas: 1. Non assumpsit; 2. That the note was made upon the settlement of a certain cost-bill, which Hanna, as a marshal, claimed to be due him by Spencer, and that there was a mistake in said settlement, and nothing was, in fact, due; 3. Matters of set-off under the common counts.

The cause was submitted to a jury, who found a verdict for the defendant, and a motion for a new trial having been overruled, judgment was rendered accordingly.

Upon the trial Hugh…