Worthington v. . Jolly

Tbis action is brought to recover $82.02 for goods alleged to have been sold and delivered to one Summerell, at request of defendant. The plaintiff put in evidence a verified account, under the statute, which, was objected to by defendant.

The person who verified it was "Worthington, a member of the firm. We do not think it comes within the objection stated in Nall v. Kelly, 169 N. C., 717, but rather that it is supported by that ease, so far as its regularity is concerned.

But we think the judge should have confined the account strictly to prima facie evidence of the delivery of the -goods to…