Hallowell v. Paige
Hallowell v. Paige
Opinion of the Court
Opinion by
The affidavit of defense contains much that is not responsive to the statement of claim. The part of it which is principally pertinent is that it appears from the loose sheet account rendered to the defendant by the plaintiff as a true account during the period from January 4, 1908, to September 4, 1909, the plaintiff received from the defendant the sum of $2,725.80 and that the further sum of $10.00 not included in the said loose sheet account was received by the plaintiff from the defendant on March 5, 1908. The plaintiff’s claim was made up of a duebill for $419 dated January 4, 1908, a claim for wages at $30.00 per week from that time until July 24, 1909, sundry small loans amounting to $23.25 and three items for wages after the plaintiff left the regular employment of the defendant amounting to $17.25. As a credit on the claim the plaintiff admitted that he had received $2,332.55.1eaving a balance of $556.95 for the recovery of which the action was brought. The denial of the affidavit does not show wherein the admission of credits in the statement of claim is incorrect nor does it set forth the dates and amounts of the
The judgment is affirmed.
Reference
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- Syllabus
- Affidavit of defense — Practice, C. P. — Set-off—Precision as to averments. 1. In affidavits of defense statements of set-off must be made with precision and exactness as to the amount so that the court may not be left in doubt as to the source and character of the claim, and be able to determine the propriety of allowing it. 2. Where a statement of claim sets forth various items and admits various credits, an affidavit of defense is insufficient which does not show wherein the admission of credits is incorrect and which does not set forth the dates and amounts of the payments which the defendant attempts to assert.