Marcus v. Price

Plaintiff brought this action to recover the sum of $500 allegedly advanced for defendant’s use and benefit. The petition set forth two identical causes of action, alleging. that on different dates plaintiff made payments of $250 to a third party for certain fixtures used by defendant in operation of his business. Plaintiff also alleged defendant’s retention and use of such fix- ' tures, demand for payment, and defendant’s failure and refusal to repay the amount due.

By way of defense defendant set up that, in a prior action by plaintiff alleging the existence of a partnership and seeking an…