Carroll v. Ridgaway

Le Grand, C. J., delivered the opinion of this court. This is an action of assumpsit, instituted by appellee, to recover compensation for services alleged to have been rendered to the appellant, and for money laid out and advanced for him at his request. Issue was joined on the pleas of non assumpsit and limitations. In compliance with a demand for a bill of particulars, the appellee furnished the one in the record.

The plaintiff, after giving evidence of the services, &c., rendered by him at Poplar Island, proved by William S. Ridgaway, “that in June 1850, the defendant, in company with James Smith and James Treakle, came to Poplar Island, and that during said visit, defendant exhibited to witness various accounts and vouchers referring to plaintiff’s and defendant’s affairs; that one of said accounts was in a book, that all the charges were together and all the credits were together, forming one general account; that the last item on the debit side of said account was for services, but no .amount was extended; that independent of said item for services, there appeared to be a balance in favor of plaintiff of about $70 or $80, which Col. Carroll said was right. One of the credits upon said account was the rent of the farm for 1849; the plaintiff said in relation to the item for services, that as the mill had turned out unprofitably, he thought Robert, the plaintiff, would not charge him anything; that if the mill had turned out profitable, he would have been willing to pay a large salary; that there was a charge in said account for money paid to Socrates Ridgaway for services in attending to the saw-mill, &c., which was at the rate of $300 per year; that defendant said that charge was right, and that he did not think Robert’s charge ought to be more than at that rate, and that he, defendant, would not be willing to pay plaintiff more than at the same rate paid Socrates Ridgaway. ’ ’ After the introduction of this testimony, the defendant proved certain accounts, which were offered in evidence, to be in the handwriting of the plaintiff, and also that the wit ³³⁴ ness, William S. Ridgaway, had said to persons, who testified to the fact, that the plaintiff, while in charge of the farm at Poplar Island, had managed things badly. In addition to this testimony, the defendant proved by J. T. Sherwood, that in the fall of 1849, in October or November, and a very short time before plaintiff gave up the farm on Poplar Island, he was called upon by plaintiff to act as arbitrator in the settlement of some difference between the plaintiff and his mother; that upon that occasion, the plaintiff stated to witness that he, the plaintiff, was then indebted to defendant to the amount of $200; that the said witness’ impression is, that it was on account of rent; that said plaintiff stated, that he has paid the defendant $200, and that there was at that time a balance of $200 due defendant, and that the said witness and the other arbitrator allowed plaintiff to retain a quantity of wheat to pay said balance; the said witness also proved, that said plaintiff did not, to his knowledge, state that the said balance of $200 was due defendant on account of rent for the farm for the year 1846.” After this testimony, the plaintiff recalled the witness, W. S. Ridgaway, who proved, “ that he was present at the conversation between tíre plaintiff and Sherwood, and that said plaintiff said that the said sum of $200 was due to defendant on account of rent for 1846, and that the plaintiff had not paid any of the rent for 1846, and that on the said account examined by Col.

Carroll, in June 1850, there was a credit for this $200 for rent for 1846.” The plaintiff then offered in evidence a letter from the defendant to the plaintiff, dated the first day of February 1847, “for the purpose of rebutting the evidence of Sherwood as to the admission of the plaintiff touching the indebtedness of $200, and for the purpose of corroborating the testimony of William S. Ridgaway, that said admission of plaintiff proved by Sherwood was in reference to a balance of rent due for the year 1846.” To the admissibility of the letter in evidence the defendant objected, but the court overruled the objection. This ruling of the court constitutes the