
    MOORE v. STADDEN AND OTHERS.
    Sealed note — payment.
    Work done for the payee of a note by the payer, under an agreement to apply the proceeds to discharge the note, is a payment for so much, unless by some subsequent agreement it has been determined to apply them otherwise.
    Debt on a sealed note, dated the 4th day of November, 1815, for $592 27, given by the defendants to S. H. Smith, or order, payable one day after date. Plea — that the note was endorsed to the plaintiff, after it fell due, and of payment to the payee, on which issue was joined.
    
      Browning and T. Ewing, for the plaintiff.
    
      Mathiot and S. W. Culbertson, for the defendants.
   Lane, J.

to the jury. The defence in this case, is, that Stadden performed work and labor for Smith, while he held the note, which, by agreement, was to be applied to the payment of it. If you find the fact to be, that the work was done, under such agreement, it is a payment, unless the parties afterwards agreed to apply the amount to some other account. In the latter case, the debt remains, notwithstanding the first agreement, to apply the labor to pay the note.

Verdict for the defendant. Motion for a new trial overruled, and judgment.  