Webb v. . Chambers
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Person County, at Spring Term, 1843, his Honor Judge Battle presiding. This was an action of assumpsit brought to recover the amount of a store account contracted from the year 1830 to 1833. Pleas, General issue and statute of limitations.
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Appeal from the Superior Court of Law of Person County, at Spring Term, 1843, his Honor Judge Battle presiding. This was an action of assumpsit brought to recover the amount of a store account contracted from the year 1830 to 1833. Pleas, General issue and statute of limitations. On the trial the plaintiff introduced a witness, who proved that on the 19th of October, 1840, the defendant was at the plaintiff’s store, and the parties had a conversation for some time by themselves in relation to the account, when they came into the witness’ presence and the defendant, in reply to a proposition…
1Opinion of the CourtRuffiN, C. J.
There can be no doubt of the correctness of the opinion given to the jury. It is the ordinary evidence of the justice of a merchant’s account, when he renders it to his customer and the latter keeps it without objection to any of its items. Without a denial of it in toto or of some part of it, the jury may infer an admission of its correctness and a promise to pay the balance. Upon that part of the case alone, therefore, the court might have left it to the jury on both points, that is, as proof of the delivery of the articles and of a mere promise to pay. But in addition to those inferences,…
2Cited by1 opinion
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