Craig v. Whips

Lewis Chais enjoined a judgment which William Whips had obtained against him, on a note made payable to John Dowden, dated in 1807, and assigned to Whips in 1828.

The ground for relief relied on in the bill, is the alleged payment of the amount of the note prior to the assignment, and the failure to make any defence in the action at law.

There can be no doubt that solvit ad diem was (at common law) a good plea in bar of a suit on a bond with a condition. But there are authorities tending to shew, that in a suit on a single bill, payment on the day was not pleadable without an acquittance under…