Binswanger & Co. v. Green

Fishburne, Justice.

On February 17, 1948, the respondent, Binswanger & Company, Inc., instituted an action against Henry D. Green, individually, on an account for certain merchandise alleged to have been purchased at various times from September 26, 1946 through and including January 28, 1947, in a total amount of $1,872.24. Judgment was sought for a balance alleged to be due of $250.00.

A supplemental complaint was served May 14, 1948, and after answer duly served by the defendant, the case came on to be heard on November 15, 1948, and resulted in a mistrial.

On May 22, 1948, while the…