Jones v. Scriven

8 Johns. 453

Opinion

Per Curiam.

The defence in the former suit on the note, was not by way of set-off, but a direct objection to the consideration of the note ; and the very point in issue in this cause, namely, the value or worth of the art or skill sold, was tried and decided before. This very evidence was received by the jury, and the justice ought to have advised the jury that it was a bar, and the jury ought so to have found it. The judgment below must be reversed.

Judgment reversed.