Albinola v. Horning

McNAUGHTON, District Judge.

This action was begun in justice court. The plaintiff sought to recover of the defendant $288, claimed by his pleadings ’ in the justice court to be due from defendant to plaintiff on account of a sale to defendant of 1,250 shares of the stock of defendant’s company. In the justice court defendant joined issue by denying the allegations of the complaint and denying any sum to be due to plaintiff. Judgment was for plaintiff and defendant appealed to the district court.

Subsequent to the bringing of the action, because of insolvency, an assignment for the benefit of…