Kent v. Garvin
Massachusetts Supreme Judicial Court
Assumpsit for thirty barrels of ale sold and delivered to the defendant. The case was referred to an auditor, whose report the plaintiff offered in evidence at the trial in the court of common pleas.
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Assumpsit for thirty barrels of ale sold and delivered to the defendant. The case was referred to an auditor, whose report the plaintiff offered in evidence at the trial in the court of common pleas. From this report it appeared that at the hearing before the auditor, the plaintiff, to prove his account, offered his book of original entries, and called as a witness the clerk who kept the books, who testified, that the book produced was the plaintiff’s book of original entries; that he made the entries; that he took them from the delivery book of the drayman every Saturday night; that the…
1Opinion of the CourtBigelow, J.
It has long been the settled law of this commonwealth, that it is not a valid objection to the competency of a party’s book, supported by his suppletory oath, that the entries therein were transcribed from a slate or memorandum-book in which they were first entered for a temporary purpose, although the entries on the slate or memorandum were made by a person other than the party who copied them on to the book. In such cases, the entry of the charges in the regular day-book of the party is deemed to be the first and original entry, and as such, competent proof, with the oath of the party, of…
2Cases cited3 opinions
- Faxon v. HollisMassachusetts Supreme Judicial Court · 1816
- Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
- M'Coy v. LightnerSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906