Dayton v. Boettner

The opinion of the court was delivered by

Trenchard, J.

On July 17th, 1903, Frank A. Boettner and Henry Pomerehne executed a bond to John M. Dayton for $1,880, payable in one year from the date thereof. Certain payments were made on account, and in 1910 Dayton brought this suit in the Supreme Court to recover the remainder due. The declaration contained a special count on the bond in debt and the common counts in assumpsit. The defendants pleaded *422payment to the special count, and non-assumpsit to the common counts. Upon trial at the Middlesex Circuit, before the Circuit Court judge to whom the…