Lord v. Graveson

This was an action npon an account under Sec. 5086 Rev. Stat. in which the plaintiffs in error filed a general denial. Two alleged errors may be considered together:

First. That the court erred in charging the jury that payment is an affirmative defense, and the burden of proof is on the defendants.

Second. That the court erred in refusing to allow the defendants to cross-examine the plaintiff upon the question of payment.

The argument is that the averment of a certain amount due upon an .Account, and that there are no credits thereon, include the averment Shat the account is unpaid, and that,…