Otwell v. Cook

CSiei1 Justice Marshall

delivered the opinion of the Court.

Cook brought this action by petition and summons, on a note for $750, executed by Otweil to Scarce, on the 20th of September, 1847, due one day after date, and assigned to Cook on the 2d of October, 1847. Otweil pleaded by way of set-off, a joint and several note for $350, executed by Scarce and one Giltner, to A. Haley, dated and due in November, 1835, and assigned to Otweil on the 22d of September, 1847, which, together ■with an alleged payment of $362 37 cents, he offers to-set-off, &c. &c. By agreement, each party had leave to…