Gay

On February 4,1891, defendant, Gay, made and delivered to D. D. Dare two non-negotiable notes, each for two thousand five hundred dollars and interest, and each payable one year after date. On February 24,1891, Dare assigned these notes to the plaintiff. On February 12, 1891, Dare made and delivered to J. M. Collins his negotiable promissory note for five thousand dollars and interest, payable one year after date; and on October 21, 1891, said note to Collins was purchased by and regularly assigned to defendant. At the time of this purchase defendant had no notice that his note to Dare had been assigned to plaintiff; but several *288 months afterwards, on February 1, 1892, he was notified of such assignment; and at the time of such notice the note from Dare to Collins was not quite due, the date of its maturity being February 12,1892. The two notes sued on matured February 4, 1892. The present action was commenced August 1, 1892, several months after all the notes had matured. The defendant pleaded as a counterclaim the said note from Dare to Collins, and the court allowed it and deducted its amount from the judgment in favor of plaintiff. The plaintiff appeals from the judgment…