Copriviza

Defendants appeal from a judgment in favor of plaintiff and from an order denying defendants’ motion for a new trial.

Plaintiff sued for a balance alleged to be owing him from defendants upon a mutual, open and current account. Defendants, among other matters, pleaded the bar of the statute of limitations, and the only questions involved in this-appeal concern the correctness of an instruction given by the court upon the subject of what constitutes a mutual, open and current account, and the sufficiency of the evidence to justify the finding that the account was mutual, open and current, necessarily involved in the verdict of the jury.

The only testimony given on the trial was that of the plaintiff, from which it appears that the defendants were engaged in the business of packing and shipping fruit, and that he was employed by them as bookkeeper. He loaned the defendants two sums of money ($500 and $1,000), paid for stationery supplies various sums of money, and was allowed a salary of $60 a month, the whole aggregating over $3,000. Against this were various cash payments made to plaintiff by defendants at different periods, and three items of credit relied on by respondent as…