Loftin v. King

Kirby, J,

(after stating the facts). Appellant insists that the court erred in not instructing the verdict in his favor, the note attempted to be used as an offset having been purchased by appellee after the beginning- of the suit as shown by the indorsement thereon.

Under the statute “bonds, bills, notes or other writings assigned to the defendant after suit has been commenced against him and the writ served ’ ’ are not allowed to be set-ofif against the demands of the plaintiff. Section 1199, 'Crawford & Moses’ Digest.

The testimony shows that appellee’s father begun trying to find and…