Ryan v. Rand
Superior Court of New Hampshire
Assumpsit upon ah account annexed to the writ, one item of which was as follows: 1848, Dec. 22. To balance of accounts as found due on settlement for labor and boarding,.............$143,53 There were other items in the account amounting to 47,17 Plea, the general issue and a set-off, consisting of numerous items of goods delivered to the plaintiff from the store of the defendant, at different dates, from December 1st, 1848, to February 1st, 1849, amounting…
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Assumpsit upon ah account annexed to the writ, one item of which was as follows: 1848, Dec. 22. To balance of accounts as found due on settlement for labor and boarding,.............$143,53 There were other items in the account amounting to 47,17 Plea, the general issue and a set-off, consisting of numerous items of goods delivered to the plaintiff from the store of the defendant, at different dates, from December 1st, 1848, to February 1st, 1849, amounting to.............$379,56 And the following items, to wit: Rent of shanty, six months,.......................12,00 Order in favor of Ryan on…
1Opinion of the CourtEastman, J.
The paper which was offered in evidence, signed by Rand, appears to be of that class which may be explained or contradicted by parol evidence. It is a mere certificate or statement of the situation of the accounts be*15tween the parties at the time of its date, and stands upon the same footing as receipts. It contains within itself the evidence of a looking over, an examination of the accounts between them, and states the result, and that result may be explained.
That receipts are not conclusive evidence of the true state of dealings between parties is well settled. They are prima facie evidence…
2Cases cited4 opinions
- Burnap v. PartridgeSupreme Court of Vermont · 1830
- Tucker v. MaxwellMassachusetts Supreme Judicial Court · 1814
- Maze v. MillerU.S. Circuit Court for the District of Pennsylvania · 1806
- Nichols v. ScottSupreme Court of Vermont · 1840