Herrmann v. Koref

The defendant, sued for a balance of $100, pleaded payment. In order to prove his defense he sought to show that a sum originally paid hy him to Henry Herrmann personally on another transaction had hy agreement been applied to the payment of his indebtedness to the firm. Hpon this question the evidence, such as it was, was conflicting. At the close of the evidence both sides moved. for the • direction of a verdict. Defendant’s motion was denied. Before any verdict was directed or recorded, plaintiffs asked to go to the jury upon the question of the application.of the check for $100 given by…