Canfield v. Tobias

Field, C. J. and Norton, J. concurring.

This is an action to recover a balance alleged to be due on an account for goods, wares, and merchandise. The plaintiff obtained a judgment upon the pleadings, and the only question is as to the sufficiency of the answer.

The answer admits that the indebtedness once existed, but avers that certain promissory notes, signed by the defendants and indorsed *350by a third person, were received by the plaintiffs in satisfaction othe debt. It contains a copy of a receipt purporting to have been signed by the plaintiffs, acknowledging that the notes were received in…