Holmes v. Mello

OPINION OF THE COURT BY

PERRY, J.

This is an action of assumpsit for $677.82. The declaration contains two counts, one for money paid for the use of the defendant and the other upon an account stated.

One exception is to the granting of a non-suit at the close of the plaintiff’s case. Although much evidence sought to be introduced by the plaintiff was excluded, still sufficient was admitted to have justified the jury in finding the following facts: that, the plaintiff and the defendant with eight others *73being about to enter into a partnership for the cultivation and sale of sugar cane, the…