Taggart v. Fox
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The facts are stated in the opinion.
1Opinion of the Court
Chables P. Daly, Chief Justice.
The plaintiff was allowed, under the defendants’ exception, to give his dajrbook and ledger in evidence in proof of the materials furnished to the defendants and the labor performed for them.
It was settled in Vosburgh v. Thayer (12 Johns. 461) and Case v. Potter (8 Johns. 211) that to entitle a party to give his books of account in evidence he must prove preliminarily—1st, that he had no clerk; 2d, that the books produced are the account books of the party; 3d, that some of the articles charged have been delivered; and, 4th, that he keeps fair and honest…
2Cases cited15 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Becker v. . BoonNew York Court of Appeals · 1874
- Sickles v. MatherNew York Supreme Court · 1838
- Gould v. ConwayNew York Supreme Court · 1871
- Tomlinson v. BorstNew York Supreme Court · 1859
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3Cited by7 opinions
- Warner Quinlan Co. v. Ben Charat, Inc.Appellate Terms of the Supreme Court of New York · 1932
- Rexford v. ComstockNew York Supreme Court · 1888
- AnonymousAppellate Terms of the Supreme Court of New York · 1897
- M. v. W.Appellate Terms of the Supreme Court of New York · 1897
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
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