Atwood v. Cornwall

This case originated in a justice’s court, where Cornwall sued Atwood, to recover fifty dollars, which he claimed had been paid to him. in spurious money, in part payment of a debt previously owing to him, by the defendant. On the trial in the circuit court, on appeal, the plaintiff’s counsel opened the case to the jury by stating the fabt of the indebtedness and the payment thereof, and the plaintiff’s subsequent discovery that fifty dollars of the money paid was spurious. The defendant’s counsel then, at the suggestion of the judge, immediately opened his defense to the jury, in which he…