Forsythe v. Park

Suit by the assignee upon an assigned account. Answer: 1. General denial. 2. Payment to the assignor before notice of assignment, setting out a copy of the assign- or’s receipt acknowledging such payment. ■ 3. Settlement with the assignor, and execution of note to him for balance due; payment and cancellation of note, setting out a copy of the same.

The complaint did not aver a loss of thé receipt and note, and no application was made to amend on the trial. Reply in denial.

On the trial, the defendant proved to the Court the existence and loss of the receipt and note, but did not prove their…