Fernald v. Bush

The plaintiff brought an action of contract to recover the sum of $1078.14. The defendants admitted his claim, and filed a declaration in set-off for $1189.84, containing two counts, alleged to be for the same cause of action; the one for the price of a promissory note of E. A. Mudge & Co. for that sum, sold and delivered by the defendants to the plaintiff; and the other on a promissory note signed by the plaintiff, the material part of which was as follows: “ Boston, December 15, 1876. $1189.84. Borrowed and received of Bush, Wood, Pinkham & Co. eleven hundred eighty-nine dollars, which I…