Dow v. Sawyer
Supreme Judicial Court of Maine
Exceptions irom the District Court, Goodenow J. The action was assumpsit on account annexed, in which the defendants were charged for 96 days work at $1,25 a day, amounting to $120, and on which was credited the sum of $26, leaving a balance of $ 94. The defendants offered in evidence certain memorandum books kept by their agent, since deceased, in his handwriting, and relating to the matter in controversy, showing payments to the plaintiff more than he had credited; but…
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Exceptions irom the District Court, Goodenow J. The action was assumpsit on account annexed, in which the defendants were charged for 96 days work at $1,25 a day, amounting to $120, and on which was credited the sum of $26, leaving a balance of $ 94. The defendants offered in evidence certain memorandum books kept by their agent, since deceased, in his handwriting, and relating to the matter in controversy, showing payments to the plaintiff more than he had credited; but they were excluded by the Court. The exceptions presented several points, but the view taken by the Court renders all but…
1Opinion of the Court
Sheplex J.
The action is assumpsit to recover for labor alleged to have been performed for the defendants, by direction of their agent, Hazen Mitchell, deceased, in repairing the Penobscot Steam Mill. The plaintiff had credited in his account, payments made by Mitchell to him. Among other grounds of defence, it was contended that Mitchell had paid to him more than he had credited. To prove this, the entries in certain small memorandum books of Mitchell, made in his handwriting, were offered to be read in evidence, but were excluded. They were held to be inadmissible “ without proof that they…
2Cited by3 opinions
- Williams v. WilliamsSupreme Court of New Hampshire · 1935
- Lebrun v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- McKeen v. Providence County Savings BankSupreme Court of Rhode Island · 1902