Jersawit v. Banning

Harrington, J.,

delivering the opinion of the Court:

The affidavit of demand filed in this case was made by Lewis Jersawit, who is described in it as Receiver in Equity for Reminton Phonograph Corporation (a corporation of the State of Delaware).

The defendant contends that it is defective because it does not expressly state that Jersawit is the Receiver for such corporation. The statute providing for judgment at the first term, under which this affidavit is filed (Section 4169, Revised Code 1915) requires the “plaintiff,” when the suit is on a book account, to file a copy of said account in the…