Grand Trunk Western Railway Co. v. McKenna

The plaintiff Bail way Company brought this action of the first class in the municipal court of Chicago to recover certain demurrage charges amounting to $1,698. On motion of the plaintiff the court struck the defendants’ affidavit of merits, filed to the plaintiff’s amended statement of claim, and denied the motion of defendants for leave to file an affidavit of claim for set-off. The defendants elected to stand by their affidavit of merits, whereupon, the court entered judgment for the plaintiff for the amount claimed. To reverse that judgment, the defendants have perfected this appeal,…