Coe v. Smith

Perkins, J. —

Debt, by Smith, administrator upon the estate of Philip Sweetser, deceased, against Isaac Coe, upon the following instrument, the declaration containing no common count.

“I promise to pay Philip Sweetser, or order, 500 dollars, to be paid, one-third in one, one-third in two, and one-third in three years from this date, value received, Dec. 16, 1842. t Isaac Coe, (Seal).”

The defendant pleaded three pleas, which were substantialty alike, and stated “that before and at the time of the execution of said writing obligatory, it was agreed, by and between the said defendant and the said…