White v. Macon
U.S. Circuit Court for the District of District of Columbia
INDebitatus assumpsit for goods sold and delivered. The defendant, by letter, acknowledged himself to be indebted to the plaintiff, but did not state the amount. A witness testified, that afterwards, and about three years before the commencement of this suit, he forwarded to the defendant an account, a copy of which he annexed to his deposition.
1Opinion of the Court
The CouRT (Thruston, J., absent,) instructed the jury, at the prayer of the plaintiff’s counsel, that if they believed from the evidence, that the defendant received that account, and there be no evidence that he objected to its amount, they may infer that it was correct.
Verdict for plaintiff, $103, and interest from 2d October, 1821.
Motion for new trial overruled. See 5 Har. & Johns. 63.
2Cited by1 opinion
- Clement v. . WhisnantSupreme Court of North Carolina · 1935