BARKER v. REYNOLDS, 1 Del. Cas. 518 (1814)

Clayton’s Notebook, 36

JOSEPH BARKER v. THOMAS REYNOLDS.

Court of Common Pleas of Delaware.
December 3, 1814.

Assumpsit for goods sold and delivered. Pleas, payment and discount.

Page 519

One Orrell kept a store for the plaintiff, and he being dead, the Court on proof made that the book of original entries was in his handwriting, permitted it to go to the jury to prove the delivery of certain goods and said it was within the equities of the Act of Assembly, 1 Del. Laws 328, c. 136 a, s. 3. See 1 Salk. 285, Price v. Lord Torrington; 1 Esp.N.P. 141.

Verdict for plaintiff for thirty-six dollars.

Ridgely, for plaintiff, moved for a new trial because the jury had given less than they ought.

Clayton and Hall opposed the motion.

PER CURIAM.

It appeared that Orrell, the clerk, had dealings with the defendant and that the defendant had taken receipts signed “John Orrell” only, which receipts have by the jury been defalked as acknowledgments of Barker, the plaintiff. The circumstances are such, on the whole, that we think plaintiff has not adduced all the evidence in his power and has been surprised.

(Vide Price v. Brown, 2 Str. 691.)

New trial granted.