Fuhrmann v. Seybold

All of the facts relating to the plaintiff’s claim and to the set-off were stipulated. So much of the plaintiff’s claim as was allowed by the court is not questioned here. The sole question for determination therefore is whether the court erred in disallowing the set-off. Only so many of the facts as are necessary to an understanding of this controversy will be stated.

On February 1, 1912, at Fort Wayne, Indiana, the plaintiff’s husband, William A. Fuhrmann, made, executed, and delivered to Henrietta Seybold (the present executrix) his promissory note, wherein and whereby, for value received,…