Glaser v. Haskin

In .the first answer to plaintiff’s complaint defendant set forth as a counterclaim the note of plaintiff given defendant for the sum of $2,482. Afterward an amended answer was filed with the counterclaim omitted. Plaintiff introduced the original answer in evidence. This was done over the objection and exception of defendant.

The main contention of defendant is that plaintiff cannot enforce the settlement contract for the reason that plaintiff did not give or tender a new note in place of the old note of his to defendant for the sum of $2,482, “without interest at rate of no per cent per…