Opinion
04-16-1801
Lyne v. Gilliat
Gilliat brought indebitatus assumpsit against Lyne, in the District Court, and declared, 1. For money laid out and expended. 2. Upon an insimul computasset. Plea, non assumpsit, and issue. Upon the trial of the cause, the defendant filed a bill of exceptions, which stated, " that the Court refused to permit the defendant to enter into a re-examination of the accounts on which the settlement was founded, and confined him to the pointing out errors on the face of the settlement, especially as the defendant was in possession of the first settlement, with all the accounts between the parties, some months before the second settlement was made, and the objections the defendant proposed to make, were to the items of the accounts on which the first settlement was made. That, the defendant also offered to prove, by parol testimony, that he ought to have had a credit, for part of the goods charged in the account on which the first settlement was made, of eight, instead of six months, so as to take off two months' interest, but, as it did not appear that he had given the plaintiff notice of the last objection, the Court would not admit the testimony." Verdict and judgment for the plaintiff; and the defendant appealed to this court.
Affirmed judgment.
OPINION
PER CUR.
Affirm the judgment.