Smith v. Webb

This was an action of debt commenced in September, 1838, by Webb, assignee of Harris, against *288Smith, on a promissory note dated in May of the same year. There are five pleas. 1. Payment to Harris; 2. and 3. Failure of consideration ; 4. That as to 50 dollars, part, &c., the defendant paid the plaintiff that sum, on, &c.; that the plaintiff released the balance of the sum mentioned in the declaration; and that the release is burned; 5. That the defendant on, &c., paid the plaintiff 50 dollars; that in consideration thereof, the latter released the former from the sum mentioned in the…