Knox v. Clark

McG-owen, J.,

delivered the opinion of the court.,John F. Clark, Jr., and others, a partnership composing the firm of John F. Clark & Co., brought an action at law against Kush H. Knox, the appellant, to recover three hundred and fifty dollars, an alleged overpayment by check drawn by Clark & Co. in favor of Knox.

By an amended declaration, the transaction was set forth in detail.

To the declaration, Rush H. Knox pleaded the general issue, and filed a special plea setting up that the transaction arose out of contracts of sales and purchases for future delivery of cotton, to be settled upon the…