Moody v. J. M. Roberts & Co.

This was an action of assumpsit on an open account for goods sold and delivered. A verdict having been found for the plaintiffs, the defendant moved for a new trial on the ground that the verdict was contrary to law and evidence, and the instructions of the court. This motion being overruled, the defendant below brings this writ of error, and assigns for error : 1. The refusal of the court to grant a new trial; and 2. That the instructions given for the plaintiffs were erroneous.

The bill of exceptions shows that Ruelier, a witness for the plaintiffs, testified that he acted as clerk for them…