Shmargon v. Rosenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Rosenstein, from a judgment of the County Court of Sullivan county in favor of the plaintiff, entered in the office of the clerk of said county on the 8th day of February, 1919, upon the verdict of a jury, and also from an order denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
H. T. Kellogg, J.:
The plaintiff was a storekeeper dealing in groceries and meats. The defendant was the proprietor of a boarding house. During the summer of the year 1918 the plaintiff at various times sold the defendant supplies from his store. The defendant failed to make payment in full and the plaintiff brought this action to recover the balance due. In order to prove his claim the plaintiff introduced his books of account in evidence. These consisted of day books and ledgers, the entries in which were regularly made from sales slips upon which it was the practice of the plaintiff and his…
2Cases cited13 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Smith v. . RentzNew York Court of Appeals · 1892
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3Cited by1 opinion
- In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928