Day v. Thomas
Superior Court of Delaware
Summons Case Motion that judgment be refused notwithstanding affidavit of demand, the claim sued upon being for money loaned or advanced, which is not properly chargeable in a book of original entries. Judgment was refused.
1Opinion of the CourtPennewill, C. J.
delivering the opinion of the court:
In the above-stated case a motion has been made that judgment be refused notwithstanding the affidavit filed by the plaintiff.
It appears from an examination of the alleged book account annexed to, and filed with, the affidavit, that the said account consists principally of charges for moneys advanced to the defendant.
We gather from the affidavit, and account, that the plaintiff advanced to the defendant, from time to timé, sums of money with which the defendant was to buy peaches for the plaintiff; that the aggregate amount so advanced exceeded the…
2Cited by2 opinions
- Edsall v. Rockland Paper Co.Superior Court of Delaware · 1937
- Theo. Burton, Jr. & Co. v. BurksSuperior Court of Delaware · 1962