3 D.C. 250
Decided December 15, 1827
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.
Decided 1827-12-15
¶1The 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.
¶2Verdict for plaintiff, $103, and interest from 2d October, 1821.
¶3Motion for new trial overruled. See 5 Har. & Johns. 63.