Streeter v. Henley

Blackford, J. —

This was an action of assumpsit on a

note given by the defendant, Henley, to one Jobs, on the 23d of March, 1846, and assigned, on the 18th of April following, by the payee to the plaintiff. The note was for the payment, on the 15th of April, 1846, of 60 dollars, in, a horse worth from 40 to 55 dollars, and in cash notes on different individuals for the balance.

The defendant pleaded six pleas in bar. The first plea states that the defendant, on the 15th of April, 1846, tendered to Jobs, the payee, in discharge of the note sued on, a horse of the value of 40 dollars, and cash…