Henry v. Oves
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of debt on book account by Abraham Oves, surviving partner of Jacob Miller, against the administrators of Gawin Henry deceased, in which the following evidence gave rise to the points determined. Peter Miller, being duly sworn, said: “ This is the book of original entries of Oves and Miller.
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ERROR to the common pleas of Dauphin county. This was an action of debt on book account by Abraham Oves, surviving partner of Jacob Miller, against the administrators of Gawin Henry deceased, in which the following evidence gave rise to the points determined. Peter Miller, being duly sworn, said: “ This is the book of original entries of Oves and Miller. I was clerk of that firm” (upon which the account was given in evidence, except cash entries). The plaintiff then offered an account produced by defendants on notice. Peter Miller further said, “I was present whenthis account was made out. It…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
—A witness was called who proved a book of original entries, which was given in evidence, except entries of cash, though no small part of it is composed of items, such as have not been the subject of proof by a book of original entries; no exception was taken however. The plaintiff then proved notice to the defendant to produce a copy of this account furnished in 1820, and on the production of it, that was read by the plaintiff. Defendant then called a witness who proved, that in 1820, Gawin Henry, then alive, denied the justice of this…
2Cases cited2 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Philadelphia Bank v. OfficerSupreme Court of Pennsylvania · 1824