Helms v. Otis

This is an appeal from the County Court of Cattaraugus, affirming a judgment of the justice in favor of the plaintiff. The action was brought to recover the balance of an account for work, labor, material, &c., commencing in September, 1868, and ending in October, 1869. The defendant pleaded the statute of limitations and a set-off, and denied the plaintiff’s complaint. On the trial the plaintiff proved his account and rested. The defendant then offered to prove by way of set-off an item of account for flour sold and delivered in 1860. The plaintiff’s counsel objected to the evidence, on the…