| Mass. | Sep 21, 1876
The agreement of the plaintiff and the transfer to the defendant of the other note were a sufficient consideration for the note in suit. Hubon v. Park, 116 Mass. 541" date_filed="1875-01-06" court="Mass." case_name="Hubon v. Park">116 Mass. 541. The contracts of the plaintiff and of the defendant being distinct, and to be performed at different times, the non-perform-once of the one is no defence to an action on the other. Upon the question of set-off, no ruling appears to have been made at the trial, Exceptions overruled.