Oinson v. Heritage

This was an action by the appellant against the appellee, upon a promissory note executed by the defendant to the plaintiff.

Set-off pleaded exceeding the amount of the note. Issue, trial, verdict and judgment for the defendant. The plaintiff unsuccessfully moved for a new trial, and excepted to the overruling of his motion.

The court gave to the jury the following, among other instructions, to which the plaintiff excepted:

“ 2. The defendant’s set-off consists mainly of divers articles and services alleged to have been furnished and rendered to the plaintiff’s wife and her infant child. If you…