Richardson v. St. Joseph Iron Co.

The St. Joseph Iron Company brought an *147action of assumpsit against Richardson for goods sold and delivered, work and labour, money lent, &c. Pleas, 1st, the general issue; 2ndly and 3dly, payment, with a notice of set-off for work and labour in constructing a lock in a race at the iron works of the company, &c. Demurrer to the third plea, and the demurrer overruled. Verdict for the plaintiffs 468 dollars and 72 cents, and judgment on the verdict.

The defendant’s first objection to this judgment is, that the declaration does not contain an averment that the plaintiffs are incorporated. It has…