1 Smith & H. 75
Decided May 15, 1848
Indiana Supreme Court · decided 1848-05-15
AL from the Carroll Circuit Court. on a note for fifty-five dollars. Plea, nil debet. It was aat before the plea was put in, the parties were together disputing about the amount due on said note, which amount ivas fixed at forty dollars, — that that sum was paid, and it was agreed that the suit commenced on the note was settled and to be dismissed at the plaintiff’s costs.
Decided 1848-05-15
¶1Held,
¶2— That the fact that the parties in a dispute about the payment of the note, agreed on forty dollars as the sum to be paid on it, is evidence that the balance of the sum specified in the note had been previously paid, and is not to be taken as an agreement to receive a less sum in discharge of a greater.