
    *Neil and others v. Hepburn.
    
      Puis darrein continuance; evidence sufficient to sustain such plea.
    From Cuyahoga. Assumpsit. The declaration contained the common counts for money. Plea-, puis darrein'continuance, that the defendant paid the plaintiffs six hundred and eighty-eight dollars and sixty-nine cents, in full of all moneys then found due for the several causes of action set forth in the declaration, which they received in satisfaction thereof. Issue was joined on this plea; and the evidence being in writing, was by agreement submitted to the court without a jury.
    Andrews, Collins, and P. Hitchcock, for the defendants, offered the following evidence:
    1. A receipt from Neil, one of the plaintiffs, dated since the last continuance, for one Paddleford’s receipt for three hundred and fifty-nine dollars, and Hepburn’s two accounts amounting to one hundred and eleven dollars and seventy cents, stated this day, and cash two hundred and seventeen dollars and ninety-nine cents, total amount six hundred and eighty-eight dollars and sixty-nine cents, on account of stage fare received by him, fourth-quarter, 1831.
    2. An order from Neil to the attorney of record to discontinue the suit.
    They cited 5 Johns. 385; Gould’s Pl. 374.
    Willey, contra, submitted no argument.
   Judge Wright

delivered the opinion of the court:

The question is, whether the evidence read is prima facie sufficient evidence of the settlement' between those parties, and the satisfaction of the balance by the defendant. Our response is in the affirmative.

Judgment for the defendant  