Wood Co. v. McCutcheon

Opinion by

Parker, J.,

This is an action in assumpsit in which the defendants have a verdict and judgment in their favor. The sole complaint of the appellant is directed to the refusal of its written point for binding instructions and its subsequent motion for judgment n. o. v.

The plaintiff sought to recover a balance claimed to be due on a brokerage account which it maintained with the defendants and the amount of which balance defendants claimed to have paid to third parties by written direction of the plaintiff acting through its president. The plaintiff denied any authority so to pay to…