Franc v. Hewitt
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was action of assumpsit, for goods sold and delivered, and for money loaned. The defence set up was that the credit was not given to the defendant, but to another person. On the trial the plaintiff was allowed to introduce his book of accounts, the only one kept by him, in evidence. The objections taken appear in the opinion of the Court. The Court below gave judgment for the plaintiff. The defendant appealed.
1Opinion of the CourtMurray, C. J.
On the trial of this cause in the Court below, the plaintiff, to maintain the issue on his part, introduced in evidence a book, in which he kept his accounts, and made original entries of his daily transactions. It was shown that he was a Frenchman, doing a small business as an upholsterer; that he kept no clerk, and that his books were correctly kept.
The defendant does not seem to deny the correctness of the account, or the delivery of the articles, but alleges that they were, sold, and the credit given to another, and therefore she is not liable. This was a qestion of fact for the jury,…
2Cited by6 opinions
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- Robinson v. PulsCalifornia Supreme Court · 1946
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