Carroll v. Sharp

Plaintiff brings this action to recover $2,989, with interest and protest fees, on four past due promissory notes, made payable to his order by the defendants in their copartnership name in the year 1909.

Defendants have served an amended answer which does not deny any of the allegations of the complaint, but which sets up two counterclaims thereto.

The first counterclaim charges that, about three years prior to the commencement of plaintiff’s suit, the defendants placed a quantity of fruit with plaintiff’s then firm to be sold on commission, with instructions not to export any of it under any…