Bircher v. Payne

Opinion of (he Court, delivered hip

Scott, Judge.

Bircher, as assignee of one Gonsollis. brought an .action of assumpsit against Payne, on a promissory note, dated 25th November, 1836, for the sum <»f four hundred and ■ eighty-five dollars, payable two years after date. After the general issue, and a ('lea of set-oif, the defendant pleaded three special pleas in bar, growing out of a contract made between Gonsollis, the payee, and Payne, at the time of the execution of the note-; The pleas alleged that at the date of the note sued on, Gonsollis, the payee, agreed under seal, with Payne, that,…