Judah v. Potter

Suit upon a note executed by one Potter to James Owen, and assigned to Judah. The note is dated February 1st, 1860. The defendant answered:

1. G-eneral denial.

2. That the plaintiffs were not the legal owners of the note.

8. Payment.

4. That the defendant was security for James Owen on two notes; that he had taken up those notes by payment, and now offered to set them off against the' plaintiff's cause of action.

Issues of fact were found. Trial; judgment for the defendant.

The judgment was wrong and must be reversed.

The plaintiffs gave the notes sued on in evidence. It was not necessary that they…