Bates v. Pricket

Debt on an assigned note. The defendant pleaded the general issue with notice of set-off. The set-off consisted of three notes made by the payee of the note sued upon, and indorsed to the defendant Pricket. There was no date to the indorsements.

The only point made below, or in this Court, is, that these notes were not admissible as a set-off unless the defendant proved that they were assigned to him before the commencement of the suit.

The Court below admitted the notes without such proof, and gave judgment for Bates, deducting the set-off.

To reverse this judgment the third clause of sec. 204,…