Hawie v. Kelly

LIVINGSTON, Chief Justice.

The appeal is from a judgment for plaintiff in the court below.

The complaint consisted of two counts in Code form. Count one claimed of the defendant the sum of $559.11 due from him on an open account on, towit, August 31, 1947. Count two claimed a like sum due from defendant for monies, on, towit, the first days of February, March, April, May, June, July and August 1947, received by the defendant to the use of the plaintiff.

To the complaint, and to each count thereof, separately and severally, the defendant interposed a plea of the general issue, a plea of payment,…