PLAINTIFF declared on a promissory Note made by the Defendant to one Winship, and by him indorsed to the Plaintiff. There was a Payment to Winship before Assignment. When *336this appeared, the Court told the Plaintiff that this Point was settled against him on a Special Verdict, found at Cambridge, August Term, 1763, in the Cause of Russell & Oaks (1); and fo solemnly determined on full Argument in the Court-House in Boston.

Judgment for Defendant.