Pipes v. Norton
Mississippi Supreme Court
Error to the circuit court of Adams county. Alder-son, J. This was an action of assumpsit for goods sold and delivered, money lent and advanced, money paid and interest, by defendant, in error, assignee in bankruptcy of Richard N ugent, against the plaintiff in error.
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Error to the circuit court of Adams county. Alder-son, J. This was an action of assumpsit for goods sold and delivered, money lent and advanced, money paid and interest, by defendant, in error, assignee in bankruptcy of Richard N ugent, against the plaintiff in error. A trial, verdict, and judgment for $1,174, amount demanded and interest, were had in August, 1870, whereupon a motion was made by plaintiff in error, for new trial, which was overruled, and bill of exceptions filed, and writ of error sued out to this court. The defense was non-assumpsit. To the declaration, when filed, was…
1Opinion of the Court
Tarbell, J.:
• The declaration is in the usual form of indebitatus assumpsit for goods, wares and merchandise, sold and delivered, and for money paid, laid out and expended. Plea: Non assumpsit. . The claim, according to the declaration, was upon an open account. Upon the trial the defendants objected to proof of the account sued on, under art. 90, Code, 492, which provides that “there shall be annexed to, or filed with the declaration in every case founded on an open account, a copy of the account or bill of particulars of the demand;” and, that “no evidence thereof shall be given on the…
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