MR. JUSTICE BRADLEY delivered the opinion of the court. He stated the facts as above, and continued:
From the instructions requested by the defendant and those given by the court (although there is a want of explicitness in the bill of exceptions), we gather that the real controversy was, whether the defendant could set up against the assignees of the bond a defence (such as payment) which would have been good against Sturm, the original holder, as to whom evidence...
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