McCarty v. Mewhinney

McCarty and others brought a suit against Mewhinney on two promissory notes indorsed to them by It. Tyner, one for 95 dollars and 57 cents, and the other for 88 dollars and 39 cents, made by the defendant. The defendant answered — 1. Payment. 2. Set-off of a note alleged to be payable to the defendant by Tyner, the assignor, due before the assignment to the plaintiffs of the notes sued on. 3. A like set-off of a note payable to Agnes Mewhinney, wife of the defend*514ant. 4. A set-off of moneys had and received by Tyner to the defendant’s use, before the assignment of the notes. 5. A set-off of…