Buck v. Smiley

This was a suit by the appellee, against the appellant and one Jacob B. Day, as defendants, for the recovery of the amount alleged to be due on two promissory notes.

The complaint was in two paragraphs, each counting on a separate note, executed by said Jacob B. Day and the appellant, and payable to the appellee.

The defendant Day separately answered, setting up matter of set-off as a partial defence to the action ; to which separate answer the appellee replied by a general denial. The appellant separately answered in a single paragraph, tp which the appellee demurred, upon the ground that it…