Pettis v. Ray

This is assumpsit by the payee against the maker of three promissory notes to recover the balance due on them. One of the notes is for $3,000, dated April 8, 1870, payable in one year with interest semiannually at the rate of eight per cent, per annum. It was secured by mortgage on real estate. The two other notes are for $1,000 each, payable in one year, with interest semiannually at eight per cent, per annum. They were secured by mortgage on other real estate. The defence to the $3,000 note is accord and satisfaction. The defendant avers that in May, 1878, the plaintiff, under a power in…