Diossy v. Heuberer

MgAdam. J.

The defendants, in their answer, admit that Samuel Secor and John A. Secor performed work and furnished materials to the said defendants, at their instance and request, to the value and amount of $5,137.60 ; that they paid on account $4,600, leaving $537.60 due. They also admit that, on September 18, 1875, the Secors, by an instrument in writing under seal, for a valuable consideration, assigned said claims to the plaintiff, and they allege by way of defense that since the commencement of the action, and on or about October 26, 1875, the defendants paid to the plaintiff $324.12,…