Malcom v. Knox

1. Robert E. Knox, doing business under the firm name of Watson and Knox, whom we shall call the plaintiff, entered suit against George H. Malcom, doing business under the firm name of Malcom Concrete Works, whom we shall call the defendant. The petition alleged that the defendant was indebted to the plaintiff on an open account in a certain amount, besides accumulated interest. Demand for payment was alleged and a refusal to pay on the part of the defendant. The petition prayed as follows: “That process may issue requiring the said defendant to be and appear at the next term of this…