Smith v. Coon

.Howe, J.

This action was instituted in February, 1867, upon a note for one thousand dollars, made by Madison Rogers, in favor of Cas.sandra Smith, and due January 4, 1861. Both the maker and payee oí the note being dead, the suit is prosecuted by their legal representatives. There was judgment for plaintiff, and defendant has appealed.

The defense is prescription. To rebut this, the plaintiff relies upon a payment of. $240, proved to have been made to the payee of the note in 1863 or 1864, by J. A. Coon, which payment was made, it is claimed, by Coon, as agent of Rogers, and effected an…