Pratt v. White
Massachusetts Supreme Judicial Court
Contbact upon an account annexed for goods sold and delivered to the defendant by the plaintiff’s intestate. Answer, a general denial. At the trial in the Superior Court, before Putnam, J., the plaintiff offered in evidence the book of original entries kept by his intestate, with his own oath and that of the intestate’s clerk. The defendant objected to its admissibility, on the ground that no measure, weight or quantity was given in connection with the several items charged.
Read the full summary
Contbact upon an account annexed for goods sold and delivered to the defendant by the plaintiff’s intestate. Answer, a general denial. At the trial in the Superior Court, before Putnam, J., the plaintiff offered in evidence the book of original entries kept by his intestate, with his own oath and that of the intestate’s clerk. The defendant objected to its admissibility, on the ground that no measure, weight or quantity was given in connection with the several items charged. The judge ruled that this did not make the book incompetent evidence to be submitted to the jury, and admitted it. The…
1Opinion of the CourtDevens, J.
The admission of the books of account of a party to prove items of work done and goods delivered, when supported by his own oath, or, if he is deceased, that of his administrator or executor, has long been permitted in this State, and under various restrictions, some created by statute, in all the States of the Union. It has been sanctioned as an exception to the general rule of law as it formerly existed, that a party should not be a witness in his own case, and from supposed necessity, in order to prevent a failure of justice, that he shall be allowed to produce the record of his daily…
2Cases cited1 opinion
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
3Cited by9 opinions
- Radtke v. TaylorOregon Supreme Court · 1922
- Wilcox v. DowningSupreme Court of Connecticut · 1914
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
- Williams v. WilliamsSupreme Court of New Hampshire · 1935
- Bodell v. SawyerMassachusetts Supreme Judicial Court · 1936
4 more not listed; retrieve them via the Exa API.