Prince & Sons v. Cochran & Sons

This was a suit’ upon two promissory notes. The defendants filed a plea setting up that they had paid the plaintiffs more than the amount due on the notes, by $210.75. It was alleged that the different amounts had been paid to the plaintiffs from time to time upon designated dates, but that the plaintiffs had failed to credit these payments on the notes sued on. It was further averred that the overpayments had been made through mistake and in ignorance of the amount really due. The defendants prayed that they might recover from the plaintiffs the amount thus overpaid. On oral motion at the…