Hirsh v. John F. O'Neill Co.

Opinion by

Baldrige, J.,

This appeal is from the refusal of the court below to enter judgment for the plaintiff on the pleadings.

The plaintiff on March 20, 1942, brought a suit upon a book account to recover under an amended statement of claim $864.38 for certain merchandise sold and delivered to the defendant. John F. O’Neill, president of the defendant corporation, filed an affidavit of defense in which he averred generally that there was a complete and legal defense to the whole of plaintiff’s claim, which included the following statement: “However, for the reasons contained in the New…