Fox Head Waukesha Corp. v. Comanche Ice & Fuel Co.

This is. an action to recover on an 'account originally made by the defendant and Fox Plead Spring Beverage Company. The plaintiff alleged that it acquired the account, by transfer, from Fox Head Spring- Beverage Company, and is now the legal owner thereof. In his answer, defendant, among other things, denied that plaintiff was the owner of the account.

At the close of plaintiff’s evidence, defendant interposed a demurrer, which was overruled. Defendant introduced his evidence, based upon a counterclaim, and the plaintiff’s demurrer thereto was sustained. The court discharged the jury and took…