Cohen v. Hawkins

Ames, C.

The only question in this case is whether the answer states facts sufficient to constitute a defense. The district court held that it does not, and directed a verdict, and entered a judgment accordingly, from which the defendant prosecutes error.

The a!ction is to recover a balance alleged to be due upon an open and running account for merchandise sold and delivered by the assignor of the plaintiff to the defendant. The defendant was engaged in business in Omaha as a retail merchant tailor, and the goods bought were woolens and trimmings for use in his trade. They were purchased and…