
    John Mitchell ads. W. H. Gibbes.
    
      Columbia,
    
    
      1802.
    
    in action Aügor on a oshezv if on may be givra in evitlenccjOr fa;r ^counts other i*»-
    DEBT on bond. Verdict for the plaintiff. Motion for a new trial.
    The bond on which this suit was brought was a joint and several obligation given by the defendant in this action, and his brother, TV. B. Mitchell. On the trial several discounts which TV. B. Mitchell had against this bond were offered in • •• t . » , r evidence, which, it was urged, were, payments on account or, and should be credited on, the bond. But the presiding judge refused to admit them in this suit, as they were not in defendant’s own right, but in right of another, who was not a party before the court.
   The Judges,

after hearing counsel on both sides, were of opinion, that if the discounts were such as were allowed by our discount act, they ought to have been permitted to have gone to the jury as payments, if they were just and regular~ because payment by one joint and several obligor, on account of or in part of the same bond, may be pleaded by the other in a suit against him otherwise the bond might be paid twice, which would be against law and justice.

Rule for new trial made absolute~

~A1l the Judges present.~  