Krom v. Levy
New York Supreme Court
Appeal from a judgment in favor of plaintiffs, entered on the report of a referee. The action was brought by Stephen Krom as survivor for a balance of account for work done and materials furnished by him and John A. Schenck as partners. The referee allowed $63.23, with interest, to the surviving plaintiff, and the defendant appealed from the judgment entered on the report.
1Opinion of the CourtDaniels, J.
The plaintiff’s demand was proven in part by his own evidence, accompanying the book of account kept by his deceased copartner. He was asked what he knew about the entries in the book, and the defendant objected to the inquiry as irrelevant and incompetent, because it appeared that his copartner kept the book exclusively, and the knowledge of the witness must necessarily be secondary evidence, and he should be confined to his knowledge of work done for the defendant.
These objections were very properly overruled, because the question simply required the witness to state what knowledge he had…
2Cases cited10 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- McKyring v. . BullNew York Court of Appeals · 1857
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Muller v. . EnoNew York Court of Appeals · 1856
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