Superior Court of Delaware, 1848

Townsend v. Townsend

Townsend v. Townsend
Superior Court of Delaware · Decided July 5, 1848
5 Del. 125

Counsel

Platt , for plaintiff. Rodney , for defendant.

Townsend v. Townsend

Opinion of the Court

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; “ tallage and tavern expenses” must be a charge for cash paid for tallage and tavern expenses; arid is not proper. The lot of wheat on the ground” also needs confirmation.

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