Nowak v. Excelsior Stone Co.

The declaration in this case contained a special count upon an order in writing, dated August 12, 187-, drawn by Peter Schmidt on defendant, by the name of “Mr. Nowak,” by which Schmidt requested defendant to pay to plaintiff the sum of $227.14, which order, it is averred, was accepted by defendant, in writing, by the hand of his agent, Frank Nowak; also the common counts.

Defendant first filed a demurrer to the special count, and the general issue as to the common counts. The demurrer was overruled. A series of special pleas were then filed by defendant, the substance of which was, that the…