
    Peter Griffin v. Matthias Jeffers.
    If the defendant reads a part of tlie plaintiff’s account, filed with, the declaration, in evidence to the jury, he thereby makes the whole account evidence for the plaintiff.
    Indebitatus assumpsit,. “ for sundry matter and articles properly chargeable in account, as by a particular account thereof herewith into Court exhibited appears,” amounting to j§97.93.
    Upon the trial, at March term, 1836, Mr. Z. C. Lee, for the defendant, in order to prove certain dates, read in evidence to the jury a part of the plaintiff’s account, which had been filed with the declaration.
    
      Mr. Goxe, for the plaintiff, contended, and prayed the Court to instruct the jury, that the defendant’s counsel, by reading a part of the account to the jury as evidence, had made the whole account evidence for the plaintiff.
   And the Court

(Thruston, J.,

absent,) gave the instruction as prayed.

Verdict for the plaintiff, $97.93.

Mr. Lee moved for a new trial on the ground of misdirection of the jury, and cited the ease of Gracy v. Bailee, 16 Sergeant & R. 126, abridged in 1 Wheeler, 170.

But the Court overruled the motion.

Judgment for plaintiff.

See Harrison v. Rowan, 3 Wash. C. C. R. 580; Blight v. Ashley, 1 Peters, C. C. Rep. 15; Beall v. Davis, in this Court, at December term, 1826; Coote & Jones v. Bank of the United States, in this Court, at the same term (3 Cranch, C. C. 50); and Smith & Son v. Coleman et al. in this Court, at Washington, April term, 1821, (2 Cranch, C. C. 237.)  