Bunnell v. Butler
Supreme Court of Connecticut
This was an action upon a promissory note, tried before the superior court, at Hartford, at the January term, 1854. On the trial to the jury, the defendant, under his plea of set-off, introduced in evidence, a promissory note, executed by the plaintiff and two others, for the sum of $824.06, payable to the defendant, upon which he claimed more was due him, than he owed the plaintiff, and that he had a right to recover the balance.
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This was an action upon a promissory note, tried before the superior court, at Hartford, at the January term, 1854. On the trial to the jury, the defendant, under his plea of set-off, introduced in evidence, a promissory note, executed by the plaintiff and two others, for the sum of $824.06, payable to the defendant, upon which he claimed more was due him, than he owed the plaintiff, and that he had a right to recover the balance. The set-off was resisted by the plaintiff, .upon two grounds. First, that the note was obtained by duress, and secondly, that, as to the balance remaining unpaid,…
1Opinion of the CourtWaite, J.
Upon the trial of this case, in the court below, the only defence made, was a right to set off against the plaintiff’s demand, a balance claimed to be due upon a certain promissory note.
This defence was resisted upon two grounds : in the first place, that the note was void by reason of duress, and secondly, that the balance upon it remaining unpaid, was *68without consideration, and consequently, that there was no indebtedness upon it, from the plaintiff to the defendant.
The defendant denied that there had been any diwess, or that there was any want of consideration, and claimed that, if the…
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