Leighton v. Manson
Supreme Judicial Court of Maine
Assumpsit on an account annexed to the writ, a copy of which follows: — “ Nicholas W. Manson “ to Robert Leighton, 3d, and Joshua Gowen, jr. Dr. “ 1831, Dec. 20, To 3551b. beef, at $4£ pr. cwt. $15,97 ” ” ” 360 ” AÍ ” 16,20 $32,17 The plaintiffs were surviving partners of one Prince. The co-partnership of the plaintiffs and Prince was admitted, and the death of Prince, before the commencement of the suit, was proved.
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Assumpsit on an account annexed to the writ, a copy of which follows: — “ Nicholas W. Manson “ to Robert Leighton, 3d, and Joshua Gowen, jr. Dr. “ 1831, Dec. 20, To 3551b. beef, at $4£ pr. cwt. $15,97 ” ” ” 360 ” AÍ ” 16,20 $32,17 The plaintiffs were surviving partners of one Prince. The co-partnership of the plaintiffs and Prince was admitted, and the death of Prince, before the commencement of the suit, was proved. To prove the items in the account, the plaintiffs offered in evidence a book of original entries in the handwriting of Prince. Emery J., before whom was the trial, refused to…
1Opinion of the Court
After a continuance, the opinion of the Court was drawn up by
Shepley J.
The plaintiffs at the trial, proposed to introduce their books to prove the sale and delivery of three hundred and fifty-five pounds of beef, in one item, and three hundred and sixty pounds of beef in another item, after proving that the original entries were made in the handwriting of a deceased partner.
The judge who presided at the trial, refused to permit the books, under these circumstances, to go to the jury, on the ground that the delivery of these articles should have been proved by other testimony. In the argument,…
2Cases cited2 opinions
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- McCoul v. Lekamp's AdministratrixSupreme Court of the United States · 1817
3Cited by4 opinions
- Robinson v. PulsCalifornia Supreme Court · 1946
- Sharp v. BlantonSupreme Court of Alabama · 1915
- Corr v. SellersSupreme Court of Pennsylvania · 1882
- Robinson v. PulsCalifornia Supreme Court · 1946