Parker v. Merchants & Insurers Reporting Co.

Upon the trial of this action the plaintiff rested her case solely upon the second cause of action stated in the complaint, which was upon an account stated. Upon the conclusion of the plaintiff’s evidence the defendant moved for a nonsuit, which motion was granted, and accordingly judgment was entered in favor of the defendant. From that judgment the plaintiff appealed.

Plaintiff introduced in evidence minutes of the board of directors of defendant corporation, showing that upon motion it was ordered “that commissions due P. A. Parker to the amount of $3,990.44 be paid.” There is no evidence…