Locke v. Mackinson & Murphy

“ Plaintiff sued on an open account and obtained a judgment in the lower court for the sum of four hundred and forty-one dollars and thirty-eight cents, with five'per cent, from September 23d, 1855, against the defendants in solido. From this judgment Murphy has appealed.

“ The grounds of defence are : 1st, payment; 2d, novation; 3d, that by taking the note of J. B. Stiles c6 Co. in settlement of the account due defendants, plaintiff has made the debt his own.”

The proof shows that the accounts of Stiles & Co. were taken conditionally ; if they were paid, they were to be 'credited ; if not,…