Frear v. Bryan

This was an action by Frear and Arbuckle, on a note executed by Bryan and Bryan to one Timmons, and by him assigned to the plaintiffs.

The answer was—

1. A set-off held against Timmons before notice of the assignment.

2. Payment to Timmons before notice, &c.

*344After several terms, they filed what they called a third paragraph, to the effect that, at the time the defendants delivered the goods and paid the note, as in the two former paragraphs set forth, said Timmons was the owner of the said note, and promised to deliver it to defendants, but failed so to do, and fraudulently assigned it to…