Emerson v. Broley

RESCRIPT

BARROWS, J.

Heard on defendant’s exceptions to the report of an auditor, who found that defendant owed plaintiff $1857.97.

The suit was for an unpaid balance of a book account alleged to be due the Cataract Rubber Company, a corporation of which Emerson is trustee in bankruptcy, from Broley & Kirk, co-partners, both of whom reside within the State of Rhode Island. The firm is admittedly solvent.

The plea was the general issue but counsel stipulated that any defence could be made as if specially pleaded. The defence offered is a set-off for $1960 paid by Broley for the benefit of…