Farmers & Merchants' Insurance v. Menz

Per Curiam :

This was an action for money had and received. The defendant pleaded a set-off, setting up that the plaintiff was indebted to the defendant, first, for money had and received ; second, on an account stated ; and third, upon a policy of insurance assigned to the defendant by one Beecher. The plaintiff demurred generally to this plea. The demurrer was overruled, and the plaintiff abided by his demurrer.

We suppose the counsel for plaintiff intended, by his demurrer, to question the sufficiency of the third ground of indebtedness presented by the plea. To do this, he should have…