Alderton v. Williams

I concur with Mr. Justice Long in holding that the presumption arising from plaintiff’s possession is sufficient, prima facie, to show the payment of the notes in question by him; but I am unable to agree with his conclusion that the defense of recoupment is not open in this case. The cases which he cites as sustaining his conclusion do not, in my judgment, support the holding. Molby v. Johnson, 17 Mich. 382, was a case in which distinct purchases of property were made. The horses in question were paid for in cash. On the same occasion additional articles of personal property were purchased,…