Howland v. Willetts
The Superior Court of New York City
This was an action of replevin, 'commenced before the code, and is the same in which a new trial was heretofore granted by this court (3 Sand. S. C. Rep. p. 607). It came on again to be tried before Mr. Justice Paine, and a jury, on the 4th March, and a verdict was rendered for the plaintiff.
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This was an action of replevin, 'commenced before the code, and is the same in which a new trial was heretofore granted by this court (3 Sand. S. C. Rep. p. 607). It came on again to be tried before Mr. Justice Paine, and a jury, on the 4th March, and a verdict was rendered for the plaintiff. Upon the trial, one John H. Smith, a witness for the plaintiff, being examined as to the acts of Caleb Smith & Co., a firm of which he was a member, looked on a paper, which, he said, was extracts from the books of the firm. The defendant’s counsel objected to his looking at, or testifying from such…
1Opinion of the Court
By the Court.
Mason, J.
There, were several, exceptions taken on the trial of this cause¡ only two,of which were.insisted upon on the argument before us..
The first of these was to the decision of the court, overruling the objection taken. to: the testimony of, John H. Sinith.He was examined as to the account of Caleb H. Smith,& Co., a firm of which he,, the. witness, was a inember, and- looked at a paper in his. hand, which he- said was an abstract from entries in the books of Caleb, N. Smith & Co., of which, firm,, he, the- witness,, was also a. member. The, defend-. *221ant’s "counsel objected to…
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