Tucker v. Murphy

This was an action by the appellee, Alexander Murphy, administrator of the estate of Jacob Tucker, deceased, against Mary A. Tucker and J. N. Poundstone, upon a promissory note executed by the latter to the former.

For a second amended paragraph of answer, by way of set-off, the defendants pleaded as follows :

“ And the said defendants, for further answer to plaintiff’s complaint, say, that they admit the giving of the note sued upon, and that it is now due and unpaid, except the sum of $112, which was paid by the defendant Mary A. Tucker to the plaintiff before the beginning of this action;…