Mayberry v. Van Horn

This was an action of assumpsit upon two promissory notes, there having been filed with the declaration, under the 37th section of the Practice Act, E. S. 1874, p. 779, an affidavit showing the nature of the demand and the amount due the plaintiff from the defendant after allowing to the latter all his just credits, deductions and set-offs. The defendant filed a plea of the general issue, with notice of set-off to the amount of $125, accompanied with his affidavit that he had a good defense to the suit upon the merits to the amount of $65. The plaintiff thereupon filed a written admission…