M'Allister v. Reab
New York Supreme Court
Error from the Washington common pleas. This was an action of assumpsit for goods sold and delivered. On the trial, the plaintiff, a stove dealer, produced an account of sundry items alleged to have .been sold to the defendant, and which was proved by his clerk to be a true extract from his books of account.
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Error from the Washington common pleas. This was an action of assumpsit for goods sold and delivered. On the trial, the plaintiff, a stove dealer, produced an account of sundry items alleged to have .been sold to the defendant, and which was proved by his clerk to be a true extract from his books of account. On the extract was a charge for a patent cooking stove, the delivery of which was proved by the clerk, and that the defendant was told that the price was $40 cash, or $45 if sold on a credit of six months. Besides the delivery of the patent cooking stove, he proved the delivery of stove…
1Opinion of the Court
By the Court,
Marcy, J.
I am inclined to think that the objection to the books of account as evidence was not well taken; but it is not necessary to settle that question, because there was abundant proof without the books to establish all the items of the account. Two witnesses testified to the acknowledgement of the defendant as to the correctness of all the items, except those which related to the cooking stove and its appendages; and as to the sale of those, there was no question made at the tidal.
The instruction of the court, to the jury to allow interest appears to me to have been correct.…
2Cases cited2 opinions
- Spalding v. VandercookNew York Supreme Court · 1829
- Burton v. StewartNew York Supreme Court · 1829
3Cited by44 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Lamerson v. MarvinNew York Supreme Court · 1850
- Pearson v. LovejoyNew York Supreme Court · 1866
- Hatchett v. GibsonSupreme Court of Alabama · 1848
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