Klein v. Carey Printing Co.

Plaintiff, as assignee of one Donald C. Scott, sued to recover $500 paid to defendant on account of certain printing work which defendant agreed but failed to do. Defendant in its amended answer admitted the receipt of the $500 from Scott, denied the other allegations of the complaint and set out a counterclaim for $300 for alleged breach of contract. There were also alleged two separate defenses directed against the assignment from Scott to plaintiff which defendant claimed was collusive and made to defeat defendant’s rights.

Upon an examination of plaintiff before trial, she testified that…