Mayberry v. Holbrook

This was an action of contract brought by a physician to recover for professional calls as set out in the account annexed in the declaration. The account contained one hundred and twenty-six items, being one for each call.

At the trial the plaintiff, with his books before him, testified upon his examination in chief that he had made that number of calls. Upon cross-examination he testified that he did not keep the run of these calls in his memory, and that without looking at the books he could not tell about their number. It does not appear that the boobs were put in evidence. The defendant…