Kulchinsky v. Segal

In this action upon an account annexed for goods sold and delivered to the defendant by the plaintiff’s intestate, an account book of the latter, showing $505.40 to be due, was received in evidence under G. L. (Ter. Ed.) c. 233, § 78. The defence was that the indebtedness was discharged by merchandise accepted by the plaintiff’s intestate. There was a verdict for the plaintiff, and the case is here on the defendant’s exception to the admission of evidence.

The evidence in question was the testimony of a witness for the plaintiff that eight weeks before the plaintiff’s intestate died he told…