Murray v. Phillips

— In this action the appellee, as plaintiff, sued the appellant, as defendant, in the court below, on a promissory note executed by the appellant to the order of the appellee. . . ,

The appellant answered in five paragraphs, in substance, as follows:

1. A general denial;

2. Set-off;

3. A total want of consideration ;

4. Payment in full before the commencement of the action; and,

5. That, after the maturity of the note in suit, for a valid consideration paid by the appellant to the appellee, *57the appellee agreed to forbear the commencement of suit upon said note until the 1st day of August, 1874.

The…