Ellet-Kendall Shoe Co. v. Miller

This action was commenced by the plaintiff in error against the defendants in error to recover a balance due on open account. The parties will hereinafter be referred to as plaintiff and defendants, as they appeared in the trial court.

The account sued on was for merchandise furnished the -firm of Philpott .Si Miller, and the defendant Philpott answered that after the filing of the suit he was adjudged a bankrupt in the federal court; that the bankruptcy proceedings were pending at that time; and that there bad been no new promise to pay this indebtedness since the adjudication. The defendant…