Hoover v. Gehr
Supreme Court of Pennsylvania
May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Franklin county: No. 92, to May Term, 1869. This case originated before a justice of the peace, between Upton Washabaugh, plaintiff, and David Gehr, defendant, and was removed to the Court of Common Pleas on the 15th of April 1867. The claim was on a book account for ale and beer, alleged to have been sold and delivered by the plaintiff to the defendant.
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May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Franklin county: No. 92, to May Term, 1869. This case originated before a justice of the peace, between Upton Washabaugh, plaintiff, and David Gehr, defendant, and was removed to the Court of Common Pleas on the 15th of April 1867. The claim was on a book account for ale and beer, alleged to have been sold and delivered by the plaintiff to the defendant. Before the trial, the plaintiff died, and D. 0. Gehr, his executor, was substituted. On the trial before Rowe, J., November…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The book of a decedent appearing on its face to contain charges of merchandise sold and delivered, is admissible in evidence on proof of his handwriting alone. It is not necessary to accompany it with any evidence as to the time and manner in which the entries were made. This would generally be impossible from the death of the only party having any knowledge of the matter. The presumption, primá, facie, is, that the book of a decedent was regularly kept as a record of his daily transactions. If testimony is subsequently introduced which…
2Cases cited2 opinions
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- Harper v. Hammond & SonsCourt of Appeals of Georgia · 1913
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