Pastorius v. Whidby

Whitfield J.

In an action on common counts against Pastorius for 480 crates of tomatoes sold to him, he pleaded never was indebted and also a special plea of counterclaim. A motion for continuance made on the ground- of an absent material witness was denied. At the trial an attorney for the plaintiff testified' as to an interview he had with the defendant with reference to the *572plaintiff’s claim. Verdict and. judgment were rendered for the plaintiff and defendant took writ of error. The affidavit for continuance is defective in that it does not state how or where the information was obtained by…