Cheney v. Cross

This was an action of assumpsit, instituted by the appellee, against the appellant, to recover upon a promissory note executed by the latter to the former, arid also for attorney’s fees, costs and expenses incurred in the prosecution of an action brought by him in the State of New Jersey on another note executed by one D’Arcy, payable to appellant, and which was delivered to the appellee as collateral security for the note given by appellant to appellee. Appellant filed a plea of set-off, the averments whereof in substance were, that appellee, prior to bringing action on the note held as…