Gaynor v. Pease Furnace Co.

The declaration in this case consisted of a special count upon a promissory note made by appellant to one Hoffman and by bim indorsed to the appellee, and the common counts.

The plea of the general issue was withdrawn at the trial, appellant thereby confessing the indebtedness upon the note sued on, and although there were several pleas filed, the only one under which appellant offered evidence, was the second, which alleged a contract with the appellee out of which the note arose, a breach of that contract, and a consequent right of set-off.

As tending to sustain such plea, the defendant,…