25 Kan. 736 | Kan. | 1881
The opinion of the court was delivered by
This action was commenced by D. M. Osborne & Co. against J. H. Stassen on a promissory note for $112.50, drawing interest at the rate of 10 per cent, per an-num from October 1,1878. No question was raised concerning the promissory note, but the defendant interposed a set-off for $300. A trial was had with regard to this set-off before the court and a jury, and the court and jury allowed the full .amount of the promissory note with interest, and also the full amount of the defendant’s set-off, and rendered a verdict and judgment, in favor of the defendant and against the plaintiffs for the balance due on the set-off, amounting to $164.40. The plaintiffs bring the case to this court.
We think that the court below committed one, and only
The judgment of the court below will be reversed, and the cause remanded for a new trial.