McMullen v. Hoofnagle

In this case an action was brought on a note. A plea of set-off and a plea of payment were filed upon 'which issue was joined.. Other pleas were filed, but it appears from the record that the issues presented by the plea of set-off and the plea of payment were the issues upon which the case was tried.

The verdict resulted in favor of the plaintiff for an amount for which we can find no basis in the record. The plea of set-off was' substantially proven. The plea of payment was not proven. There was some pro'of to the effect that the defendant, prior to the institution of the suit, had agreed to…