Faunce v. Schueller

Thomas Gallagher, Justice.

Plaintiff brings this action as administrator of the estate of N. M. Faunce, deceased, on a promissory note for $825 in favor of decedent executed and delivered to him by defendant. Defendant admitted liability on the note but claimed a setoff in the sum of $2,906, basing his claim on Faunce’s alleged failure to prevent or redeem from the foreclosure of a first mortgage on premises formerly owned by defendant.

At the close of the testimony the trial court directed a verdict for plaintiff for the full amount of the note, plus interest and costs, and denied defendant…