Johnson v. Capitol Life Ins.

WILBUR, Circuit Judge.

Appellant brought this action to recover the sum of $9,533.67. The defendant filed an answer containing two counts. In the first count it denied liability. In the second count it alleged that by reason of the violation of a contract of employment between the appellant as employee and the appellee as employer the plaintiff was not entitled to recover. The defendant also set up “by way of offset and counterclaim” four items, the first item, $5,028.86; the second item, $7,900; the third item, $2,047.46; and the fourth item, $2,023.67. Before the defendant answered, it…