Lord v. Koenig

Plaintiff sued before a justice of the peace on an open account, as follows: —

“ Herman Koenig, to Geo. W. Lord, Hr.

To balance due on account of money loaned, sixty dollars.”

At the trial in the Circuit Court, upon defendant’s appeal, it appeared that the plaintiff had loaned money to defendant, taking his note secured by deed of trust; that after a gale of property under the deed, and the application of the proceeds, there remained due on the note $60, which is the sum sued for ; that; at the trial before the justice, plaintiff offered to surrender the note to defendant, who refused to receive…