Baizley v. Welsh

The opinion of the court was delivered by

Fort, J.

In this case the rule is refused. The proof in the ease shows that defendant admitted at the trial that he was indebted to the plaintiff in the sum of $795, represented' largely by promissory notes which the plaintiff held.

The defence was a set-off; the defendant claimed that he had furnished to the plaintiff, through one Bowden, as his agent, large quantities of merchandise, mentioned in an itemized account annexed to his plea. Bowden admitted the receipt of the goods, but alleged that he had purchased the same individually and not as the…