Alter v. Berghaus
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Alter, Taylor & Dewey against Henry C. Berghaus. Debt on promissory note. During the progress of the trial of this cause, the plaintiffs offered in evidence their book of original entries, charging George H. Berghaus with goods sold and delivered, with proof by a disinterested witness that the original entries are in the hand-writing of Solomon J. Dewey, one of the plaintiffs.
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ERROR to the common pleas of Dauphin county. Alter, Taylor & Dewey against Henry C. Berghaus. Debt on promissory note. During the progress of the trial of this cause, the plaintiffs offered in evidence their book of original entries, charging George H. Berghaus with goods sold and delivered, with proof by a disinterested witness that the original entries are in the hand-writing of Solomon J. Dewey, one of the plaintiffs. The defendant objected that Solomon J. Dewey was himself competent to make the proof, and that the fact of his absence was not sufficient to make way for secondary evidence.…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It is a well settled principle, adopted from necessity as well as convenience, that the original book of entries, of a tradesman or merchant, may be given in evidence on the oath of the party himself, or the clerk who made the entries. And when the clerk is out of the state, it has been decided that it may be received, on proof of his hand-writing. In Crouse et al. v. Miller, 10 Serg. & Rawle 155, a book of original entries was admitted in evidence, without objection, or , proof of the hand-writing of the person who made the entries, who was…
2Cases cited1 opinion
- Crouse v. MillerSupreme Court of Pennsylvania · 1823
3Cited by7 opinions
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- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
- Culver v. MarksIndiana Supreme Court · 1890
- William Zoller Co. v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1922
- Vinal v. GilmanWest Virginia Supreme Court · 1883
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