Oney v. Pomfrey

The plaintiff brought this action in justice’s court to recover judgment upon contract for an account stated. On the return day the defendant filed an answer containing a general denial of the allegations of the complaint. Two adjournments were had and on the final return day plaintiff moved to amend her complaint, and filed a complaint in writing with the justice for the conversion of a horse, demanding judgment in the sum of $100. The justice granted the plaintiff’s motion to amend the complaint and thereupon the defendant’s counsel withdrew from the case. Plaintiff thereupon produced…