Montague v. Dougan

This case is an action of assumpsit, originally brought before a justice of the peace in the city of Niles. The plaintiff declared upon the common counts, adding thereto a bill of particulars of his demand. The defendant pleaded the general issue, with notice of set-off and of money tendered, and deposited with the court the amount tendered, being $16.32, and costs, $1.75.

The plaintiff recovered judgment before the justice for $93.73, and, on appeal by the defendant to the circuit court *99for the county of Berrien, the plaintiff recovered $101.78. It was tried in the circuit, before Judge…