Barton v. McKay

These are actions of assumpsit against the maker and indorser of a promissory note given to the plaintiff’s testator. In each action, the plaintiff declares against the defendant severally and in accordance with his or her apparent liability on the face of the instrument, and the defendant pleads the general issue with a brief statement alleging a partial payment made upon account of the principal and interest of the note. The maker, in the suit against him, filed a claim of set-off for rent. The cases, tried together by agreement, after verdicts for the plaintiff come forward on her…