“This was an action for account render. The pleas were, 1. Never bailiff or receiver; and, 2. Plene computavit. The evidence was the same as was given in the former action of assumpsit, (see ante 514,) with proof of the following additional circumstances. That when the defendant came to Philadelphia in the year 1819, he delivered to the plaintiff an account of sales of goods which he had then disposed of, to the amount of about $10,000, together with an account current, in which he debited himself with all the goods which he had received, at their invoice prices, to the amount of about $36,000, and credited himself with the sales, leaving a balance of about $26,000. In 1820, when he returned to Philadelphia after his fruitless pursuit of Flep, he stated to the agent of the plaintiff, that he had settled all his affairs in New Orleans, and had now returned home to have a settlement with the plaintiff. He delivered to the agent another account current, in which nothing was stated as to the disposition of the residue of the plaintiff’s goods, and making nearly the same balance as. he had done the preceding year.”
4 Wash. C. C. 556