Tomlinson v. Borst
New York Supreme Court
APPEAL from a judgment of the Montgomery county court, affirming a judgment of a justice of the peace. The action was for work, labor, services done, and materials found, as a blacksmith; and for window-glass bought, furnished and put in shop, at the defendant’s request. Answer, denying the complaint.
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APPEAL from a judgment of the Montgomery county court, affirming a judgment of a justice of the peace. The action was for work, labor, services done, and materials found, as a blacksmith; and for window-glass bought, furnished and put in shop, at the defendant’s request. Answer, denying the complaint. On the trial, the plaintiff, after proving that he kept no clerk; a delivery of part of the articles; performance of a part of the work; that he kept fair and honest books, by those who had dealt and settled with him; and that certain books produced were his account books; offered the same in…
1Opinion of the Court
By the Court, James, J.
The counsel for the respective parties agree that there are four questions presented on this appeal for the consideration of the court, viz:. 1. Were the plaintiff’s books of account properly received in evidence by the court below ?
2. Did the justice err in refusing to allow the defendant to prove the general bad moral character of the plaintiff, during the period in which the account charged on the plaintiff’s books accrued ?
3. Did the evidence sustain the judgment ?
4. Was the plaintiff the owner of the account sued on?
The rule under which books of account are…
2Cases cited3 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Sickles v. MatherNew York Supreme Court · 1838
- Larue v. RowlandNew York Supreme Court · 1849
3Cited by12 opinions
- Robinson v. Dibble's AdministratorSupreme Court of Florida · 1880
- Smith v. . SmithNew York Court of Appeals · 1900
- Ladd & Bush v. SearsOregon Supreme Court · 1881
- Taggart v. FoxNew York Court of Common Pleas · 1882
- People v. JonesNew York City Magistrates' Court · 1958
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