Griffin v. Jeffers

Decided March 15, 1838

Indebitatus assumpsit,. “ for sundry matter and articles properly chargeable in account, as by a particular account thereof herewith into Court exhibited appears,” amounting to j§97.93. Upon the trial, at March term, 1836, Mr. Z. C. Lee, for the defendant, in order to prove certain dates, read in evidence to the jury a part of the plaintiff’s account, which had been filed with the declaration.

Decided 1838-03-15

¶1And the Court

(Thruston, J.,

¶2absent,) gave the instruction as prayed.

¶3Verdict for the plaintiff, $97.93.

¶4Mr. Lee moved for a new trial on the ground of misdirection of the jury, and cited the ease of Gracy v. Bailee, 16 Sergeant & R. 126, abridged in 1 Wheeler, 170.

¶5But the Court overruled the motion.

¶6Judgment for plaintiff.

¶7See Harrison v. Rowan, 3 Wash. C. C. R. 580; Blight v. Ashley, 1 Peters, C. C. Rep. 15; Beall v. Davis, in this Court, at December term, 1826; Coote & Jones v. Bank of the United States, in this Court, at the same term (3 Cranch, C. C. 50); and Smith & Son v. Coleman et al. in this Court, at Washington, April term, 1821, (2 Cranch, C. C. 237.)