Sumner v. Saunders

Plaintiff sued on a note executed by defendant, October 20, 1869, due six months after date, and payable to the order of plaintiff.

Defendant, in his answer, admits the execution of the note, but states that on the 22d of March, 1870 (which was before the note was due), he (defendant) paid plaintiff, through his (plaintiff’s) agent, Alexander Schriver, the sum of $50, in part discharge of *90the note, and sets up tender of the balance, $38.70, and bring it into court subject to its order and control.

Plaintiff, in his reply, denies that defendant paid the $50, as alleged, in part discharge of the…