Majority
p. 70Joseph D. Power and another v. Albert Root.
Headnote
Where a debtor, upon the presentation to him of a bill for clothing, struck out one item, and wrote after it, “Never got it;" held sufficient to warrant the inference that he received and was chargeable with the other articles enumerated therein.Appeal by the defendant from a. judgment upon an account.
J. Bancroft Stevens, for the appellant.
Charles C. Marsh, for the respondent.
The conduct of the defendant, when the bill of the plaintiff was presented to him for payment, in striking out the charge for a silk velvet coat with red ink, and writing-thereunder “Never got if, A. Root,” warranted the inference that he did receive the other two articles; and if so he was liable to pay. for them.
The witness, although he had never seen the defendant before
p. 71
he presented the bill, identifies him. as the defendant in the cause, and whom he had seen conferring with his counsel in court.
The judgment should be affirmed.