Weinreich v. Vernon

This is an action on a promissory note which apparently was given by the defendants to plaintiffs in payment of rent for the month of June, 1925. The defendants alleged by way of answer to the complaint that said note “has been fully paid by reason of the retention by the plaintiffs of certain sums of 'money held on deposit by them to secure the performance of a certain lease theretofore entered into between the plaintiffs and defendants”.

On trial objection was made by plaintiffs to the introduction of any evidence to sustain said allegation of payment, which objection was sustained by the…