
    JESSE WALKER v. THOMAS FEUTRESS.
    The declarations of a party must be taken altogether, as well those to discharge, as to charge him: and where a person to whom an account had' been presented, did not object to any of the items, but only contended for further credits, what he says must bo submitted to the jury along with the evidence ofhis admissions arising from his silence as to the items.
    Assumpsit for the balance of an account, tried before his honor Judge Seawell, at Randolph, on the last Fall Circuit. The account had a credit as well as debit side. The. plaintiff to prove the debit side of the account, gave evidence that the defendant was furnished with a copy of the account, that he then stated that the articles had many of them been gotten by his family, that he would take it home with him, and then insisted that he wras entitled to further credits; that shortly afterwards the defendant returned to the clerk who had furnished the account, and had called for payment, and then stated, that he was entitled to further credits, and produced a statement of such others as he claimed, and insisted upon their being allowed. The clerk proved that neither at that time, or any other, did the defendant ever dispute any article in the account, but only insisted upon further credits. The defendant gave no evidence in support of the further credits, but claiming the benefit of all the credits, objected among other things that the account had not been sufficiently proved. The Judge instructed the jury that, when an account was furnished to the party against whom it was raised, and the party after taking it and having time to examine its correctness, made no objection against any of the charges, but only claimed further credits, that was evidence to a jury of his admission of the justice of the account.
    The jury found a verdict for the plaintiff for the whole amount of his account, and the defendant appealed.
    No counsel appeared for the plaintiff
    
      Mendenhall for the defendant.
   Daniel, Judge.

— The Court instructed the jury that where an account was furnished to the party against whom it was raised, and the party after examining its correctness, made no objection against any of the charges, but only claimed further credits, that was evidence to a jury of his admission of the justness of the account.

Per Curiam. Judgment reversed.  