Harmon v. Birchard

Birchard, the appellee, brought an action of debt against Harmon, executor of Edwin F. Harmon, deceased, upon a promissory note made by the said Edwin in his lifetime in favour of one Beach, and assigned by the latter to Birchard. There were two pleas; 1st, payment; and 2d, a special plea, setting up as a defence to a part of the plaintiff’s demand, that on the 9th of September, 1843, Harmon, the defendant below, was summoned as a garnishee in a suit of attachment, instituted before a justice of the peace by one Simpson, against the plaintiff below; that ás such garnishee, being examined upon…