Fincher v. Edwin M. Bosworth & Co.

These parties appeared in reverse order in the trial court and are hereinafter referred to as there.

Plaintiff, a stock brokerage concern, brought suit against defendant, one of its customers, for $1,000 balance on account. Verdict was for defendant. Plaintiff moved for judgment notwithstanding the verdict. That motion was sustained. To review the judgment so entered defendant brings error.

The plaintiff alleged an indebtedness on open account and credits which left due a balance of $1,000, and filed a bill of particulars. Defendant denied the indebtedness, and set up a “further defense” to…