Jewett v. Smart

The defendants appeal from an order of the court granting to plaintiffs a new trial. The suit is upon an account for goods sold and delivered by plaintiffs to defendants. Defandant, Smart, in his answer alleges that the account sued on was settled; that the plaintiffs upon such settlement accepted the note of Gillett & Co. in full satisfaction of the account sued on. To this, plaintiffs reply that the note of Gillett & Co. was not taken in satisfaction of the said debt and with the understanding that defendant, Smart, was released from all liability to plaintiffs; that when said note was…