Anchor Milling Co. v. Walsh

This is an action to recover certain over-payments, alleged to have been made by the plaintiff to the defendant through mistake of the plaintiff and the fraud of the defendant. The answer was a general denial. The parties went to trial before a jury, and the defendant had a verdict and judgment, from which the plaintiff prosecutes this appeal.

I. The first error assigned is the exclusion of the shipping-book of the plaintiff which the plaintiff offered *568in evidence. In order to understand this assignment of error, it should be stated that the evidence was to the effect that the defendant was…