372. Common Count: Open Book Account Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] owes that [him/her/it] money on an open book account. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. That [name of plaintiff] and [name of defendant] had (a) financial transaction(s); That [name of plaintiff] kept an account of the debits and credits involved in the transaction(s); That [name of defendant] owes [name of plaintiff] money on the account; and 4. The amount of money that [name of defendant] owes [name of plaintiff]. ______________________________________________________________________________ New December 2005