Carr v. Stewart

The appellee, as plaintiff, sued the appellant, as defendant, in the court below, upon a promissory note executed by the appellant to the order of one James C. Moore, and endorsed by him to one Isaac Heck, and by said -Heck to one Stewart, and by said Stewart to the appellee.

*582The appellant answered in two paragraphs, in substance, as follows:

1. Payment in full, before this suit was brought;

2. In the second paragraph of his answer, the appellant admitted the execution of the note in suit, but said, that' the appellee ought not to recover, for the reason that said note was given in part payment…