
    *Lewis S. Coryell against Thomas Croxall.
    IN CASE.
    Suit on note, f^l^Jakation, 
      
    
    "'as duefan^ 0ff,
    Plea and notice struck off. 
    
    THE declaration, was upon a promissory note, for $250, drawn by defendant, in favour of Claudius F. Le Grand, or order; and by him endorsed to Daniel Croxall; by him, endorsed to the plaintiff; payable without cation or discount.
    
    The defendant pleaded payment, by him, to Le Grand; 
      after the note became due; and before the assignment to plaintiff; and before any notice of the assignment; and before the commencement of this suit.
    To this plea, is subjoined, a notice, that the said Le Grand, after the making of the note, and before the assignment to the plaintiff, and before the commencement of the suit, was indebted to the defendant, in $500, for goods, wares and merchandises, sold and delivered ; and for money lent and advanced to, and paid, laid out and expended, for the said Le Grand; and for money had and received by Le Grand, to and for the use of the defendant ; and for money due, from Le Grand, to defendant, for interest; and upon an account stated ; and that the said sum will be set off, against the sum mentioned in the said promissory note.,
    
      Ewing,
    
    moved to strike off the plea and notice, subjoined thereto; and read Pat. 342.
    
      Wall answered,
    and referred to Chit. 144.
    
      
      
         See Tillou vs. Britton, 4 Hal. 120. Sanderson vs. Crane, 2 Gr. 506. Cumberland .Bank vs. Hann, 3 Har. 222. Laubach vs. Pursell, 6 Vr. 434. Little vs. Cooper, 3 Stock. 224. Duncan, Sherman & Co. vs. Gilbeni,, 5 Dutch. 521. Hamilton vs. Vought, 5 Vr. 187. Holcomb vs. Wyckoff, 6 Vr. 35. Acts of 1871—13, and Armour vs. McMichael, 7 Vr. 92. Youngs vs. Little, 3 Gr. 1.
      
    
    
      
      
        Anonymous, 2 Hal. 160. Inhabitants, &c. vs. Booraem, 5 Hal. 257. Coxe vs. Higbee, 6 Hal, 395. Little vs. Bolles, 7 Hal. 171. Shotwell vs. Dennis, 2 Gr. 501. Allen vs. Wheeler, 1 Zab. 94. Hogencamp vs. Ackerman, 4 Zab. 133. See Stevenson vs. Schenck, Pen. *434.
      
    
   Court.

Let the plea and notice be struck off the files, and defendant plead in twenty days, or judgment by default.  