Fairbanks v. Breckinridge

Milker, President:

This action, begun before a justice, was upon two notes executed by defendant to plaintiff on August 15, 1916, at sixty days and four months, for $62.50 each, given in settlement for a pumping outfit for his dwelling house.

On the trial, on appeal by defendant from the judgment of the justice against him for the full amount of the notes, he was permitted to file in addition to his general denial his notice of recoupment in damages and set-off, setting forth some five items of damages, which notice on objection of *234plaintiff the justice rejected. The result on appeal was a…