Hutchins v. Hamilton

The plaintiff sued the defendant for about $258, balance on account.

The only evidence on the trial was that of the defendant’s .admissions. The defendant, it was proven, had admitted the account, but at the- same time, and always, claimed that it was paid. The-account was.somewhat complicated, consisting of various cotton transactions. After the admission on the part of the defendant, that he owed the plaintiff, the burthen of the proof was upon him to show that he had paid the debt; and this he did not do, nor did he ever claim, in a fair and unequivocal manner, that he had-paid it. The…