Jacoby v. Black

At the close of the plaintiff’s case a motion was-made to dismiss the complaint. No grounds were stated, but the court immediately granted such motion and the plaintiff excepted. The plaintiff then moved to be allowed to go to the jury upon a question of fact, which was also denied and exception taken. The respondent’s, attorneys claim that the testimony of the plaintiff shows an accord and satisfaction of his claim. There is nothing in the record showing that such a defense was pleaded. The respondent’s brief is, to say the least, disingenuous. It declares that, “before proceeding to hear…