Morehouse v. Baker

The questions which arise in this case are questions of recoupment.

On May 12, 1881, Morehouse brought suit against Baker & Murray on a promissory note for $436.45, dated' March 2, 1881, payable to plaintiff sixty days after date. The *337defence was, a former suit by these defendants against Morehouse in which, as they claim, the note should have been made use of by way of defence.

It appeal's by the evidence, and by defendant’s offers of evidence — which, for the purposes of a review, must be deemed susceptible of support — that on February 28, 1880, the parties entered into a written contract, a…