Corral, Wodiska Y Ca. v. Anderson, Thorson & Co.

TREANOR, Circuit Judge.

This is an appeal from a judgment in favor of the plaintiff in a suit to recover $41,114.85 for cigars alleged to have been sold and delivered to the defendant. The defendant filed a plea of non assumpsit, affidavit of merits, and a counterclaim for $100,000 damages. At the close of all evidence and after argument the court, upon plaintiff’s motion, withdrew the evidence from the consideration of the jury and instructed the jury to find the issues for the plaintiff and to assess the plaintiff’s damages in the sum of $38,661.66, together with interest thereon from May 3,…