Bonie v. Griffin

STAKELY, Justice.

The complaint as originally filed by Fred Griffin (appellee) against G. H. Bonie (appellant) contained one count, designated as count 1, which sought recovery on a promissory note executed by G. H. Bonie to Fred Griffin. Without objection counts 2 and 3 were added by amendment and these counts were common counts respectively for money paid and for money due by account. The pleas of the defendant were the general issue, payment and set-off. There was verdict and judgment for the plaintiff both on count 1 and also on counts 2 and 3. Hence this appeal.

On March 15, 1946, G. H.…