Merchants Adjustment Bureau, Inc. v. Chriss

HARDY, Judge.

This suit was instituted by plaintiff as assignee of an alleged balance due and owing by defendant on an account. No answer having been made, nor any pleadings filed by defendant, plaintiff attempted to confirm a default but judgment was refused by the district judge on the grounds that plaintiff’s petition did not state a cause of action and that the proof tendered in support of plaintiff’s claim was insufficient. From the judgment dismissing its demands as of nonsuit, plaintiff has brought this appeal.

Reference to plaintiff’s petition discloses the allegations that the named…