Faxon v. Hollis
Massachusetts Supreme Judicial Court
Assumpsit for work and labor. Trial upon the general issue, at the last February term in this county, before Putnam, J. The plaintiff was a blacksmith, and he offered an account-book in evidence, as his original entry, to prove his account.
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Assumpsit for work and labor. Trial upon the general issue, at the last February term in this county, before Putnam, J. The plaintiff was a blacksmith, and he offered an account-book in evidence, as his original entry, to prove his account. From inspection, it appeared to be in the leger form ; and the plaintiff stated that he kept a slate in his shop, on which he set down all his charges as they accrued, and that he was in - the habit of transcribing the entries from the slate into the book which he then offered in evidence ; and, after that was done, to rub out the charges on the slate and…
1Opinion of the CourtParker, C. J.
The evidence admitted in the trial of this cause, to prove the charges in the account, is such as, according to the usage of the country from its early periods, has been sanctioned by the Courts. Indeed, although of a dangerous nature, it is necessary for the security of tradesmen and small dealers, who are generally unable to support clerks, on whose testimony they might establish their claims. Those who deal with such people should make frequent settlements and take discharges, or they may be exposed to imposition.
It is no objection to the book received in evidence in this case, that it was…
2Cited by28 opinions
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Culver v. MarksIndiana Supreme Court · 1890
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Sickles v. MatherNew York Supreme Court · 1838
- Prince v. SmithMassachusetts Supreme Judicial Court · 1808
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