Moyer v. Closs

This is an action on an account stated.

Defendant below denied the account, charging fraud in the procurement of his signature thereto, and alleged that the same neither constituted an account stated nor was intended as such by the parties.

The burden of proof was placed on defendant, and he appeals from an adverse judgment rendered on the sustaining of demurrer to his evidence.

Defendant says the court erred in holding the instrument sued upon to be an account stated.

The instrument in question appears upon its face to be an account stated, and the court was probably correct in holding the same…