Manning v. Nelson

Deemer, O. J.

I. Tbis action was to recover of defendant tbe amount of two promissory notes, and of an account alleged to be due and owing the plaintiff. The action was aided by attachment. Defendant admitted the execution of the notes, pleaded payment, and also asked judgment on a counter-claim based upon an open account. On the issues thus joined the cause was sent to a referee, who heard part of the evidence. During the trial before the referee the parties entered into an agreement of settlement, by the terms of which it was determined that there was due plaintiff the sum of four hundred…