Nunn Battery Co. v. Battery Mfg. Co.

BROWN, Justice.

General assumpsit on account for merchandise, goods and chattels sold. Some of the counts declare on an account arising out of dealings directly between the plaintiff and- the defendant, while the other counts declare on an account arising out of dealings between a third party, Red Cap Battery Company, and the defendant. The counts in the latter class follow, substantially, Form 11, prescribed by § 9531 of the Code 1923, for suits “by transferee,” said counts concluding with the averment that the money claimed “is the property of the plaintiff.”

The pleas were the general issue,…