Hensgen v. Mullally

The plaintiff sues as executor of John Hensgen •deceased, on an open account made by the defendant with the testator, during his lifetime, for work and materials delivered, chiefly in repairing and re-furnishing vehicles. The cause was sent to a referee, who found .and reported in favor of the defendant, on the ground that the only testimony offered by the plaintiff was in*614admissible for the purpose of proving the account. The referee, in his report, says that the plaintiff “introduced evidence tending to establish the authenticity of 'certain books of account of his testator, in which books…