Debney

This action was brought in the court below upon a judgment theretofore entered in the Territorial Court of Yukon Territory, Canada, for $6,270.96, and costs taxed at $248.60, in an action there brought by the plaintiff against the defendant, upon an account for goods and merchandise sold and delivered to him by the plaintiff, and upon a promissory note for $2,610.69, with interest, executed by the defendant to one Milan, and by him afterwards assigned to the plaintiff.

In the complaint filed in the court below the plaintiff joined with the count upon the Canadian judgment counts for the goods and merchandise sold and delivered to the defendant, and upon the promissory note executed by him to Milan, and by the latter assigned to the plaintiff. The court below, on the motion of the defendant, struck from the complaint the counts upon the promissory note and for the goods and merchandise, on the ground that they were merged in the judgment, and were therefore irrelevant and immaterial.

In his amended answer the defendant denied all of the allegations of the complaint, except that in respect to the corporate capacity of the plaintiff, and also set up in defense that the Canadian…