Poag v. La Due

This was a suit brought by Poag, Kent and Holmes against La Due, upon a promissory note for the payment of 956 dollars. The note is dated April 7th, 1852, payable at eighteen months to Knott and Gale, and by them assigned to the plaintiffs.

The defendant answered, 1. Payment. 2. Failure of consideration. 3. That the note was given for store goods, and when it was given the payees agreed to correct all errors in listing said goods, and in the delivery thereof, and to deduct the amount of any such errors from the face of the note. Averment, that errors in said listing and delivery,,. *676over 50…