Moise Bros. v. Jamison

These parties appear here in the same order as in the trial court, hence we refer to them as plaintiff and defendant, or as Moise Brothers and Jamison.

The complaint contained two causes of action, the first on a draft, the second on an agreement to dismiss a suit according to which agreement said draft was delivered. Each was for the sum of $1,240.80 and involved the same transaction. In no event could recovery be had on both. The draft was drawn on defendant by his agent Burlingame and in favor of plaintiff. Six defenses were set up in the answer, including want of facts, absence of…