Gosewich v. Zebley

5 Del. 124

• Court: Superior Court of Delaware
• Decided: November 5, 1848
• Status: Published

Opinion

The Court

charged the jury, that a book of accounts regularly and fairly kept, together with the plaintiff’s oath, is competent evidence as to matters properly chargeable in an account, the credit to be left to the jury; and the discrediting any item of the account does not render the book incompetent as a medium of evidence, though it might or might not (as the jury should determine,) discredit the whole account, and render the book of no avail. If some of the entries are falsified, it may operate to discredit the whole account, or only a part; according to the weight which the jury shall give to the contradicting evidence; weighing at the same time the corroborating evidence; such as the evidence of a promise to pay the balance appearing on the account, after inspection of the items. This is evidence upon which a plaintiff may recover, under the count for an account stated, if the jury think it sustains that count.

Verdict for plaintiff.