Fred Gray Cotton & Gin Co. v. Smith

Suit in assumpsit on the common counts by appellee against appellant. The account claimed to be due, and for the recovery of which plaintiff obtained a judgment, arose out of the purchase of certain cotton by defendant from one W. H. McClellan. In addition to the general issue, defendant pleaded payment, set-off, recoupment, and a special plea in abatement. This latter plea was to the effect there was a nonjoinder of a necessary party plaintiff, in that said McClellan was jointly interested with plaintiff (Smith) in this account.

Defendant insists there is much evidence to sustain the view…