King v. Conn

King sued Conn upon an assigned note. Conn answered that, before notice of the assignment to King, he became the owner of certain notes on Rate, King’s assignor, and paid a judgment in favor of Watts, which had been rendered against the defendant as surety for Pate, and he asked that the notes, and the sum>so paid as surety for Pate, should be set off against the note sued on. King replied that Conn purchased the notes setup in his answer after he knew that Pate was dead. A demurrer to this reply was sustained, and King excepted. This is assigned for error.

"We do not see why the death of Pate…