Frants ex rel. Stine v. Brown

*288The opinion of the.court was delivered by,

Huston, J.

Appeal from the Circuit Court of Lebanon county, debt on bond, plea payment with leave, &c. ■

■ The plaintiff gave in evidence a bon,d executed by Philip Brown on the.29th of March, 1819, for eight hundred dollars, payable on the 1st of May, 1824, assigned to Philip Stine, in presence of one witness, on the 22nd of May, 1819. The defendant read his notice of special matter intended to be given in evidence under his plea; a copy of which had been duly furnished to the plaintiff. It was, that after the execution of the bond in question, Frants,…