London Guaranty & Accident Co. v. Watte

Mr. Presiding Justioe 0 ’Connor

delivered the opinion of the court.

Plaintiff, as assignee of the Quaker City Sweater Mills Company, a corporation, brought suit against the defendant to recover for goods, wares and merchandise sold by the Mills Company to the defendant, claiming $850 with interest thereon at 5 per cent from May 6, 1918. To the statement of claim the defendant filed an affidavit of merits which might be considered in the nature of a set-off in which he set up that there was due and owing from the Mills Company the sum of $385.16, leaving a balance of $464.34, which would be due…