Whittemore v. Stephens

The plaintiff sued the defendant on his promissory note for $29,000 and defendant pleaded the general issue with notice of set-off. ' But at a later stage he put in a special plea puis darrein continuance and set up a composition made with the plaintiff and other creditors under section 17 of the amendment framed to the Bankrupt *576Law by the Act of June 22,1874. By this proceeding the-defendant abandoned his former plea and placed the issue of the suit entirely on the new plea. The original defence was eliminated, and all resistance to the action was reduced' to the point newly set forth.…