Boylston v. Bain

This was an action of assumpsit, brought by Samuel Bain, on a promissory note executed by C. W. Boylston and M. W. Hall, on the 8th day of November, 1873, due in six months, amount $550, with ten per cent interest. To the declaration the defendants pleaded payment, set-off, and usury. To the plea of usury a replication was filed alleging, in substance, that on November 8th, 1873, Giddings, the principal debtor-in the original note, paid the defendants $550, the full amount of the note sued on, and the indebtedness then due plaintiff to be paid to plaintiff by said defendants in satisfaction…