Cigali v. Kaplan

Plaintiff, by rule, submitted to the court below the question of his right to a judgment on the petition and answer (which proceeding is authorized by Act 157 of 1912, as amended) and recovered judgment as prayed for in the petition, from which defendant has appealed.

The suit is predicated on a promissory note for $300.00; defendant admits its execution, but pleads that his indebtedness thereon is extinguished by compensation. The sole question presented is whether the plea is set forth with such particularity and precision as would permit the introduction of evidence to prove it.

It is…