Weidenfeld v. Pacific Imp. Co.

AUGUSTUS N. HAND, Circuit Judge.

This is an action to recover $709,953.17, and interest, alleged to have been collected by defendant for plaintiff’s use in 1895, no part of which had ever been paid, though payment was duly demanded. The defenses are payment, the statute of limitations, and set-off to the extent of the claim of a greater sum due defendant from plaintiff. The case really turns on the sufficiency of the proof of the defense of payment. At the close of the ease the defendant moved for the direction of a verdict in its favor on the ground that payment of the sum sought to be…