Harris v. Dover

1. In order for a defendant in a suit upon an open account to prove payments, a special plea must be filed, setting forth the payments, and evidence of payment is inadmissible under a general denial of indebtedness.

2. Testimony that the proprty, the purchase-price of which was sued for, was shipped to a person other than the defendant was properly excluded, on objection by the plaintiff, upon the ground that the bill of lading of the shipment was the highest and best evidence, it being admitted in the evidence that the defendant made the purchase, and the defendant having testified that he…