Catts v. Clements
Superior Court of Delaware
On appeal from a justice of the peace proncir in assumpsit upon a promissory note for seventy-five dollars, by payee against the maker of it, with the usual pleas and issues, and on the list for trial at this term, and when called Spruance, for the defendant below, informed the court that the case had been settled the day before between the parties themselves, out of court, by the defendant’s paying the plaintiff sixty dollars and taking his receipt for that amount, and in…
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On appeal from a justice of the peace proncir in assumpsit upon a promissory note for seventy-five dollars, by payee against the maker of it, with the usual pleas and issues, and on the list for trial at this term, and when called Spruance, for the defendant below, informed the court that the case had been settled the day before between the parties themselves, out of court, by the defendant’s paying the plaintiff sixty dollars and taking his receipt for that amount, and in full of the promissory note which he produced ; but nothing was said in the receipt, nor agreed upon between them, as to…
1Opinion of the CourtHouston, J.
The issue now joined on the plea of payment imports a payment in full before the action was commenced, and not within the last two days, and which, of course, could have been no defence to the action when it was commenced, or the plea of payment was pleaded to it, or when the appeal was taken, and yet, as now presented, it is a full admission on the part of the defendant that the plaintiff had a good cause of action on the note to the amount of sixty dollars up to that time. But, before you can get this payment as a matter of defence before a jury, as the pleadings now staud, you must apply…
2Cases cited1 opinion
- Wright v. . StorrsNew York Court of Appeals · 1865