Powell v. Williams

The plaintiff brought an action to recover the price of certain lumber sold to the defendant by William C. Boss, basing his right to recover upon an •assignment for the benefit of creditors made by Boss to him. The following is what the record shows about the pleadings:

“Declaration: Assumpsit on the common counts, each ■count stating a cause of action in favor of the plaintifE, * John H. Powell, assignee/ and against the defendant, the name of William C. Boss being nowhere mentioned in the' ■declaration.

“Amended Declaration: At a former trial of the case the declaration was twice amended, as…