Peters v. Gallagher

Gallagher brought an action of assumpsit to recover the price and value of services claimed to have been rendered by him in and about breaking a rollway of logs, made up in part of his own logs, and in part of defendants’ logs. Defendants pleaded the general issue and attached thereto a notice of set-off, and also of recoupment.

Upon the trial of the issue the plaintiff was sworn in his own behalf and testified that in the winter of 1874-5 he was logging on the south branch of the Manistee river and that he put logs into the river on defendant Peters’ land: that he had a talk with Mr. Peters…