Kenworthy v. Hirst

DALLAS, Circuit Judge.

The plaintiffs’ statement of claim is the equivalent of the common count for goods sold and delivered, with a bill of particulars, annexed, which is alleged to be a copy of the plaintiffs’ book of original entry. The first item of this bill is: “Jan. 1, 1897. To balance due plaintiffs upon agreed settlement of account, $40,260.09.” I think a mistake must have occurred in presenting this as an entry contained in a book of account, for it is improbable that the word “plaintiffs” would be employed by a bookkeeper, especially at a time when, so far as appears, there was no…