George Shiras, Jr.

“ It is true that the court told the jury that, should they find damages for defendants equaling or exceeding the entire debt due on the mill, they should then find for the defendants. This instruction may have been understood to mean that if defendants' damages exceeded the amount of plaintiffs' claim the jury could not go further, and find a verdict in defendants' favor for the amount of such excess; and in such an event it may be that, so far as defendants' damages exceeded the plaintiffs' debt, the defendants would not have been precluded from maintaining a subsequent action for such excess. ”

“ As the amount of plaintiffs' unpaid purchase money at the time of the trial was $1,350, with interest, it is obvious that the jury allowed the defendants, as a set-off, damages in an amount of between $200 and $300. ”

“ Payment of the notes not having been made, J. A. Field & Co. brought an action of replevin, under the provisions of the chattel mortgage, to recover possession of the mill, or, in default of recovering actual possession, to recover a money judgment for the unpaid purchase money, amounting to $1,350, with interest. ”