Lovett v. King

Lovett, assignee of one Ohapman, sued King on a note, and also on an account, alleged to have been due from King to Ohapman, and by him assigned.

King answered, pleading, by way of set-off, a note executed by Ohapman to one Braden, and by him assigned to King, before the note sued on was assigned to the plaintiff.

Reply: First. That Ohapman contracted to do certain work for King, for $335; that afterward they further agreed and contracted, that the price for said work should be $315, in money, and King was not to buy any set-off against said sum; that said note, &c., are a part of said $315.…