Paulsen
Paulsen v. Schultz
Opinion
Lead Opinion
Thornton, J.
Plaintiff brought this action to recover for services rendered to the defendants as copartners, under the style of Schultz and Von Bargen, upon three separate causes of action. The first was for $393.45, for services rendered by himself to the defendants; and the other two were for $160, respectively, for services rendered to the defendants by one Frudenberg and one Knell, which demands they respectively assigned to the plaintiff. The defendants, in their answer, denied that they were indebted to plaintiff for services rendered by him personally to any greater extent than $76.45, and averred that between January 1, 1884, and April 18, 1885, the plaintiff had, while employed by them at the rate of $100 a month as a book-keeper, overdrawn the sum of $780, which should be allowed them as an offset to his claim. A verdict for $76.45, in favor of plaintiff, was rendered, and a judgment thereon entered.
Plaintiff, being dissatisfied with the judgment, appeals therefrom, and also from an order denying him a new trial, for the reasons that the evidence is insufficient to sustain the verdict, and that certain prejudicial errors of law were committed.