Waterhouse v. Fogg
Waterhouse v. Fogg
Opinion of the Court
— The action was indebitatus assumpsit, on an account annexed. Among the items of charge was the following: — -“ 1852, June 13. — To 1 D. C. writ, Stephen Decker v. James Palmer; Joshua Fogg, plaintiff in interest.”
The book of original entries, verified by the plaintiff’s suppletory oath, was in the case without objection. But it was contended that this was a transaction between other parties, and that this evidence was not sufficient to prove that charge.
If the plaintiff had made the writ for and on the credit of Stephen Decker, and the defendant was the party interested as the plaintiff in the suit, and the charge had been made to the latter, the book might be insufficient evidence
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.