Barnard v. Curtis

Where, by reason of an account hied by way of set-ofij the plaintiff’s damages are reduced below twenty dollars, he is still entitled to full costs ; — aliter, whore the items in the account are proved to have been delivered and received in part payment of the plaintiff’s demand in the action.

Assumpsit on a promissory note made by Curtis to Truman, by whom the action was commenced, and upon whose death his ad ministrator was admitted to prosecute it. - The defendant filed an account for sundry services performed, and for a puncheon of rum. On trial of the action on the general issue, all the charges in the account were * barred by the statute of limitations; but there was evidence to the jury that the rum had been delivered and received as part payment of the note; and deducting the value of it from the amount due by the note, they returned their verdict for sixteen dollars, the balance found due.