Oakey v. Weil

By the court:

Slidell, J.

When an account has been stated and a balance ascertained, and the accountin this condition is presented to the debtor, and he acknowledges its correctness, the creditor may recover the balance of account without producing accommodation acceptances, notes, &c., the payment of which forms items of the account. See Greenleaf on Evidence, vol. 2, sec. 127. Allain and Tremoulet v. Lazarus, 14 L. R. 330. Freeman v. Howell, 4th Ann. 197.

In this case, the testimony satisfactorily proves, that the account annexed to the petition, and showing a balance in favor of the plaintiff…