Opinion
Fall Sessions, 1848.
ASSUMPSIT for goods sold, c., money lent, c., with the common counts. Pleas, non assumpsit.
Platt, for plaintiff.
Rodney, for defendant.
Mr. Platt put in the plaintiff's book of original entries, with his oath, c. Mr. Rodney objected to the following items of charge in the plaintiff's books: —
1. To a bay horse sold him $45. 2. Hire of wagon; tollage and tavern expenses. 3. Lot of wheat on the ground $14. 4. Corn delivered by J. T. Townsend $28. 5. Oats delivered by Samuel Stanton; sold for 35 cents, charged 70. 6. A stove omitted (interlined) $10. 7. One grubbing hoe of J. Stevens $1 50. 8. Balance on settlement $1 45. 9. Sharpening a hoe of Stevens 12 ½ cents.
By the Court: — The plaintiff's book of accounts is not evidence of cash lent or of cash paid. It is not sufficient evidence in itself of a balance due on a settlement between the parties; the entry of "a bay horse $45," needs confirmation by other evidence of the sale and price; a horse is not an article of ordinary merchandise; "tollage and tavern expenses" must be a charge for cash paid for tollage and tavern expenses; and is not proper. The "lot of wheat on the ground" also needs confirmation.