Means v. Smith

Decided December 15, 1816

Jefferson County Court of Common Pleas · decided 1816-12-15

Appeal by tbe defendant, from tbe judgment of a justice of the peace. Declaration in Assumpsit. Damages laid at sixty dollars. Plea — Non-Assumpsit and set-off. The plaintiff produced his book account to support his action. It was admitted by the defendant, without proof. The whole amount of the plaintiff’s charges against the defendant was $200; the plaintiff had credited the defendant divers payments, amounting to $140; and he claimed to recover the balance of $60.

Decided 1816-12-15

President,

¶1to the defendant’s counsel: — Are the sums credited by the defendant correct, and as much as you claim P

¶2Goodenow. — They are. Wo take the plaintiff’s book to prove our set-off.

¶3President. — The credits given on the plaintiff’s book are of so much paid him by the defendant. Payment extinguishes a debt. The payment of $140, in this case, has extinguished so much of the plaintiff’s claim, and reduced it within the jurisdiction of a justice of the peace. It seems that the defendant wishes to avail himself of his payments twice over. It would be strange if the law countenanced such knavery, or could be made use of for so fraudulent a purpose.

¶4Judgment for the plaintiff.