Phillips v. . Penland

Tbe judge charged tbe jury as follows: “Tbe court charges you that if you find by tbe greater weight of evidence that tbe deceased, Mrs. Penland, in 1925, paid tbe sum of $40.00 to tbe plaintiff, and that such payment was made with the intention and understanding between them that tbe payment was to be credited by tbe plaintiff upon a running account between plaintiff and Mrs. Penland for services rendered to Mrs. Penland by tbe plaintiff, and that such payment was of such a nature and made in such a way as to imply in law that tbe debtor acknowledged tbe debt as still existing, and implied a…