Raux v. . Brand
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 29, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance alleged to be due on an account for goods sold and delivered. It appeared that there were mutual open accounts between the parties running for a long series of years.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 29, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance alleged to be due on an account for goods sold and delivered. It appeared that there were mutual open accounts between the parties running for a long series of years. Defendant, as a witness in his own behalf, produced his account book, wherein was his account against the plaintiff. He testified that he knew the articles…
1Per curiam
First. We think there was no legal error in permittimg the defendant to state from his book the items of his account against the plaintiff. The book was not offered in evidence. The witness testified that he knew that the several articles which he had stated in detail, and which appeared in the book, were delivered to the plaintiff, and in addition that he knew the entries when made, to be correct. This was original evidence of the several items of the account. The witness assumed to speak from actual recollection, using the book to refresh his memory. The questions put to the defendant were…
2Cited by3 opinions
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- In re GirvinDistrict Court, N.D. New York · 1908
- Hartley v. Cataract Steam Engine Co. No. 2New York Supreme Court · 1892