Preston v. Knapp

Vanclief, C.

This action was commenced against Sewell Knapp, in his lifetime, to recover $493.81 for goods sold and delivered to him by 1.1ST. Miller, the latter having assigned his demand to the plaintiff. After having answered, denying the sale and delivery of the goods and his indebtedness to Miller, Sewell Knapp died, and his executrix, Caroline Knapp, was regularly substituted as defendant, on motion of defendant’s counsel. The case was tried by the court on the original pleadings, it being expressly admitted by the defendant on the trial that the claim had been presented to the executrix…