Nash v. McCauley

The plaintiff brought this action for the value of a sorfel mare, alleged to have been sold and delivered by him to the defendant for the price of $92.

He now desires to amend the complaint by adding as a second cause of action that the defendant is indebted to him in $92 for money had' and received to his use.

It is not claimed that the defendant owes him more than $92, and although the pleadings are verified, he appears unable to determine upon which ground he may ultimately be entitled to recover.

Before the commencement of this action, the defendant had sued the plaintiff in the Superior…