Phelps v. Stone

The judgment of the court was pronounced by

Slidell, L

The plaintiff sued the defendant upon a promissory note for $200. The defendant pleaded in compensation a note made by the plaintiff for $398. On the day when the cause came to trial, the plaintiff asked leave to file an amended petition, which the court refused. In this petition he pleads that the defendant is indebted to him, besides the note upon which he originally sued, in the sum of $480, as stated in an account annexed to the amended petition, for which he prayed judgment. It is not alleged that this account had been acknowledged bj…