6 F. Cas. 497
U.S. District Court
Decided March 15, 1833
U.S. District Court · decided 1833-03-15
Assumpsit, against the indorser of Houston’s note for $500, due July 7, 1829. offered evidence of a subsequent agreement between the plaintiff and the maker of the note, that the latter should assign ten dollars a month of his pay as a clerk in the treasury department in payment of the note; and that the plaintiff should wait for payment in that manner.
Decided 1833-03-15
¶1Whereupon,
¶2instructed the jury, at the prayer of the defendant’s counsel, that such an agreement, if proved, discharged the indorser, (the defendant,) from his liability.
¶3Verdict for the plaintiff; but, THE COURT being of opinion that the verdict was against the evidence, or the law, granted a new trial. (MORSELL, Circuit Judge, contra.)