Church v. Clapp

Clapp sued the plaintiffs in error upon a promissory note. Their defence was that the note was the *258property of one Huntington, to whom they had made payment by giving a new note therefor after it fell due. The evidence tended to show that Huntington had owned this note with others, and had exchanged them with a Miss or Mrs. McCracken for the ownership of or an interest in two notes of $1000 each made by one Smith; that Smith contested his liability on the notes and instituted suit in equity against Huntington which put in issue the right to collect them; that Huntington answered in the suit,…