Mitchell v. Hosmer

Graves, Ch. J.

This was an action of assumpsit brought by the plaintiffs in the court below to recover a balance they claimed for towing certain rafts for defendant. The defendant insisted that what he had already paid was fully sufficient to satisfy for the true quantity of logs which had been towed and delivered. He also set up a claim by way of recoupment, and which he found'ed upon the alleged default and misconduct of the plaintiffs in performing their duty-in regard to the towage and delivery. The plaintiffs recovered sixty-eight dollars and seventy-three cents; and, being-dissatisfied…