Cook v. Brown

Decided May 15, 1842

Indiana Supreme Court · decided 1842-05-15

Decided 1842-05-15

¶1DEBT on a promissory note. Pleas, 1st, nil debet; 2d, payment and set-off. Two replications to the second plea.(1) Demurrers to the replications. Demurrers overruled, and final judgment for the plaintiffs. Held, that the judgment—the general issue remaining undisposed of—was erroneous.

¶2 To a plea of payment setting forth matter ot set-off, several matters of fact may be replied. Rev. Stat., 1838, p. 462.