Turner v. Rogers

By the Court. 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. 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.