Muse v. Wright & Co.

Wright & Co. sold a horse to Muse, taking his promissory note for the purchase-money. They reserved •title.in-themselves until the note should be fully paid. Muse made a payment upon the note, but refused to pay the balance; •and Wright & Co. began an action of trover in a justice’s court for the recovery of the horse. The sole defense of the defendant in the trial of the case in that court was, a partial failure of ■consideration. The jury found in plaintiff’s favor, and the defendant sued out a writ of certiorari. This was overruled by *784the superior court. In this writ the point is for the…