Rauth v. Scheer

This is an appeal from a judgment entered on a verdict of a jury by direction of the court.

The action -was brought to recover the sum of $1,750, less $50 paid on account thereof, for goods sold and delivered by one Eyonce Banger, the plaintiff’s assignor, to the defendant.

The answer does not deny the sale and delivery, but pleads as a defense, first, payment, and, second, payment by notes of third parties.

*690A bill of particulars was ordered in regard to the second defense of payment, to-wit, the notes of third parties.

The order was not complied with, and an order was made precluding the…