Jester v. Knotts
Superior Court of Delaware
Action by William J. Knotts, administrator of Charles Waters, deceased, against Charles Jester and another, trading as Jester and McDaniel. From a judgment by a justice of the peace in favor of plaintiff, defendants appeal. Verdict for defendants.
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Action by William J. Knotts, administrator of Charles Waters, deceased, against Charles Jester and another, trading as Jester and McDaniel. From a judgment by a justice of the peace in favor of plaintiff, defendants appeal. Verdict for defendants. Action of assumpsit on the common counts to recover money which plaintiff alleged the defendants had and received to the use of the plaintiff from the sale of a horse, wagon, and harness belonging to Charles Waters at the time of his death. The pleas were non-assumpsit, payment, and set-off; the set-off consisting of two promissory notes given by…
1Opinion of the Court
Boyce, J.:
Under section 22, c. 106, Rev. Code, 1893 p. 794, we think that the replications to the plea of set-off should be stricken out.
The replications being stricken out, the defendants joined issue.
*352At the conclusion of the testimony on both sides counsel for the plaintiff requested that the notes, admitted in evidence without objection under the plea of set-off, be excluded from the consideration of the jury for the want of probates, whereupon the defendants produced probates, which were objected to by counsel for the plaintiff as being offered too late.
Boyce, J.:
We are of the opinion,…
2Cited by6 opinions
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- Conaway v. PepperSuperior Court of Delaware · 1919
- Reed v. Central National BankSuperior Court of Delaware · 1936
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