Graves v. &198tna Ins. Co. of Hartford, Conn.

The pleadings were in short by consent, with the usual leave to give in evidence matter required to be specially pleaded.

The defendants had the right to show the amount due by plaintiff to them at the time suit was brought. Code, §§ 10172, 10180.

“A comaker or surety sued jointly or alone may, with the consent of his comaker or principal, avail himself, by way of sét-off, of a debt or liquidated demand due from the plaintiff at the commencement of the suit to such comaker or principal.” Section 10176, Code of 1923.

The plaintiff’s evidence tended to refute such issue of indebtedness to…