¶1PLAINTIFF declared on a promissory Note made by the Defendant to one Winship, and by him indorsed to the Plaintiff. There was a Payment to Winship before Assignment. When *336this appeared, the Court told the Plaintiff that this Point was settled against him on a Special Verdict, found at Cambridge, August Term, 1763, in the Cause of Russell & Oaks
¶2Judgment for Defendant.
¶3Ante, p. 48.