1 Lock. Rev. Cas. 395
Court for the Trial of Impeachments and Correction of Errors
Decided July 1, 1799
Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01
Assumpsit on promissory notes not negotiable. The notice of set-off stated that the defendant would give in evidence on the trial, that the notes on which the suit was brought were given for the consideration of the sale and conveyance of a certain piece of land, &c., and that when the notes were given, the plaintiff executed and delivered to the defendant a covenant that if there should be any outstanding judgments, which operated as a lien on the land conveyed, and the…
Decided 1799-07-01
¶1The Supreme Court held, that this notice of set-off was defective in not specifying the judgments, and that the defendant was precluded under it from proving them, and the payment of them, by him. But
¶2The Court of Errors, (Kent, Chancellor, delivering the opinion of the Court,) held, that the notice of set-off was sufficient, as it contained such a statement of the special matter as prevented the plaintiff from being taken by surprise at the trial.
¶3.Judgment reversed accordingly.