Mann v. Tyler

Plaintiff sued defendant in justice’s court ■on a promissory note. The evidence given by him on the trial was that the note was given in renewal of a prior note, which prior note was for a balance due on a piano purchase. The defendant relied upon set-offs ; but these set-offs, as they were testified to by him, consisted of payments on the same purchase, made before the giving of the first note. According to the justice’s return, he was asked on cross-examination whether all these payments were not allowed him when the first note was given, and he replied that they were talked ■over. The…