Manry v. Williams Manufacturing Co.

This was a suit by the Williams Manufacturing Company against B. H. Manry, for money had and received. The defendant filed a general denial of the indebtedness, except as to one item, which was admitted, and at the trial term amended his answer, seeking damages against the plaintiff by way of recoupment. At the same term the petition also was amended, allowing the trial to proceed in the name of the original plaintiff for the use of the assignee of the claim, to whom it had been assigned by the trustee in bankruptcy of the original plaintiff. Thereupon the defendant pleaded surprise and…