Griffin v. Lower

Plaintiff in error commenced this action to recover the amount of a’writing obligatory for fifty-four dollars, executed to him as administrator, and dated 11th February, 1853, and due the 10th of January next thereafter.

The defendant answered in short by consent, setting up payment, usury, and want of consideration, upon which issues were joined.

Plaintiff read the writing obligatory to the jury, and thus rested his case.

The defendant was then introduced as a witness, to prove that the writing obligatory sued on was given for ninety bushels of corn, sold by plaintiff’s intestate, in his…