Deming v. Ferry

Davison J.

The appellees, who were the plaintiffs, sued Joseph G. Deming upon a promissory note for the payment of 748 dollars. The defendant answered that the note was given upon settlement for a balance then supposed to be due from him to the plaintiffs, but was in fact given for 35 dollars more than was due at the time it was executed; that the 35 dollars were omitted as a credit in favor of the defendant in the settlement, through mistake, &c. implication in denial of the answer.

On the tenth day of thé term, the defendant moved for a continuance, and in support of his motion filed an…