Muggah v. Rogers

The defendant, sued on a promissory note transferred and endorsed over to the plaintiffs after maturity, is appellant from a judgment which condemns him to pay the amount thereof. His defence is, that the plaintiffs received in payment ,of said note, his, defendant’s, draft, on Thomas Mas-kell, for the payment thereof; and that by their neglect in not presenting the same for payment, he is entirely released from the payment thereof, and that said plaintiffs have only their remedy on the draft.

It appears that the appellant being indebted to one H. H. Wadsworth, to whose order the note sued on…