Van Zandt v. Cobb

Mitchell, Justice.

The defendant, wishing to prove a counter-claim, moves that the plaintiff produce an account rendered by the defendant to the plaintiff. The affidavits show that a paper purporting to be an account was rendered by a clerk, but the clerk cannot prove its contents. The plaintiff, objects to the motion, alleging that the mere production of the paper will be a concealment of part of the truth, as injurious to him as a direct falsehood; that immediately after receiving it, he called on the defendant and objected to the correctness of the charges; that this was done only in the…