Adkins v. Stewart

Opinion op the Court by

Judge Hannah

Affirming.

Oscar Stewart sued S. Gr. Adkins in the Police Court of Ashland to recover fifty dollars upon two notes. The defendant answered, alleging that Stewart had induced the execution of the notes sued on by fraud and misrepresentation in the sale by plaintiff to defendant of a lot of household furniture, in part payment for which the notes were given.

By a second paragraph of his answer, Adkins, the defendant, set up a counter-claim of seventy-two dollars based upon an alleged breach of warranty in the sale of the household furniture mentioned, alleging…