Carey v. The Phila. & Cal. Petrol. Co.

By the Court, Shaeter, J.:

This is an action upon an account stated, which, as the complaint alleges, was “ settled and agreed upon between plaintiff and defendant, July 23d, 1866.” It is further alleged that the defendant then acknowledged, in a writing duly signed by him, that the indebtedness ascertained by the account (three hundred and eighty-two dollars and eighty-six cents) was due and payable in United States gold coin. The case was tried by jury; verdict and judgment for plaintiff. The appeal is from the judgment and from an order overruling defendant’s motion for a new trial.…