Welsh, Driscoll & Buck v. Buck

ERICKSON, District Judge.

The plaintiff (respondent herein) brought this action against the defendant (appellant herein) to recover upon two causes of action: (1) Upon an account stated for $6,958.61 alleged to have been due in September, 1918; (2) for goods, wares and merchandise amounting to $886.97 on September 1, 1918, for which demands judgment was prayed.

Defendant’s answer whereupon issues were joined denied that there was anything due from defendant to the plaintiff; also claimed that a proper claim was never presented to the said executor in that it was not duly verified; or that it…