Moore v. Morris
Superior Court of Delaware
Appeal from a Justice of the Peace in and for Kent County, (No. 83, April Term, 1898). The cause of action was an open book account, the amount claimed as balance due being $206.32. The narr contained all the common counts and the quantum meruit and quantum, valebat. There were no pleas filed, when the case came on to trial, but by consent it was plead to issue by filing the usual pleas in assumpsit.
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Appeal from a Justice of the Peace in and for Kent County, (No. 83, April Term, 1898). The cause of action was an open book account, the amount claimed as balance due being $206.32. The narr contained all the common counts and the quantum meruit and quantum, valebat. There were no pleas filed, when the case came on to trial, but by consent it was plead to issue by filing the usual pleas in assumpsit. The plaintiff was produced and proved his account against the defendant, which account was started in a small pass book and after the same had been filled was continued on sheets of paper…
1Opinion of the Court
Lore, C. J:—
We have examined this account, both the book and the entries following it. It is admissible for whatever it is worth. It goes to the jury subject to criticism and cross-examination.
When the plaintiff had rested, counsel for defendant raised the point that the plaintiff could not recover an amount exceeding $200.00, the sum over which the Court below had jurisdiction. Counsel for plaintiff claimed that more than $200.00 had *414‘ been recovered in the Superior Court in similiar actions on appeal.
This point was not decided by the Court, as the claim came within $200.00 allowed by the…
2Cited by3 opinions
- Brown v. Consolidated Fisheries Co.District Court, D. Delaware · 1955
- Levin v. Diamond State Poultry Co.District Court, D. Delaware · 1959
- Snavely v. Automobile InsuranceSuperior Court of Delaware · 1981