Tripp & Moore Boot & Shoe Co. v. Martin

The opinion of the court was delivered by

HortoN, C. J.:

This was an action by the Tripp & Moore Boot and Shoe Company against Joseph Martin upon an account for boots and shoes, amounting to $791.47 and interest. The answer of the defendant set up: First, a general denial; second, payment; third, payment by E. M. Sharp, deceased; fourth, a counterclaim for $400. A jury was waived, and trial had before the court, on October 20, 1887. A general finding was made for the defendant, and judgment rendered in his favor for costs. The plaintiff excepted, and brings the case here.

A preliminary question…