Hazzard v. Smith

Judge Underwood

delivered the opinion of the Court.

HAZZARD as appellee of Mann, warranted Smith on an obligation, for the payment of $35, payable in current paper of Kentucky, and obtained a judgment before the justice of the peace. Smith-appealed to the circuit court. Hazzard filed a declaration in the circuit court, to which Smith icpiicd by a plea of set off. The matter of the plea, consisted in a note for $45, executed by Mann to Bland, who assigned it to Beard,who assigned it to Smith, the defendant; and the plea avers, that the assignment of this note to Smith, took place before Mann…