Jamson v. Quivey

Heydenfeldt, J., and Murray, C. J., concurred.

This is an action in assumpsit. The declaration contains two counts, which set out the same indebtedness in different forms. In the first count, plaintiff admits that the defendant is entitled to a credit of $800, for two lots sold to the plaintiff, and further credit of $156, money advanced. The second count also refers to said payments as having been made by defendant.

On the trial, defendant asked the Court to charge the jury—“That the plaintiff in the first count of his declaration, admits that defendant is entitled to a credit of $800, for two…