Hurd v. Earl

Assumpsit for work and labour. The defendant pleaded the general issue, and the statutory plea of payment and set-off alleging that the plaintiff had executed certain notes to one Fullender, who indorsed them to the defendant. The plaintiff filed three replications to the special plea: 1, That the plaintiff and defendant were in partnership, and purchased pork of Fullender for the use of the firm; that for a part of the pork so purchased, the notes mentioned in the plea were given; and that the defendant had procured them to be assigned to him by fraud; 2, The same, with an additional…