Swift v. Ellsworth

Hanna, J.. This was an action by Ellsworth, assignee of Rowe, against Swift and Rowe, on a promissory note, made by Swift to Rowe, and to foreclose a mortgage, &c., for 4,780 dollars.

Rowe filed no answer. Swift'answered in four paragraphs, setting up, 1. Matters of set-off between himself and Rowe, and also certain counter-claims for damages by way of recoupment. 2. Part payment to Rowe. 3. That Ellsworth was not the real party in interest, but that the note, &c., was the exclusive property of Rowe. 4. As follows; “That said note was assigned by the defendant, Rowe, to the plaintiff, by…