Kelton v.Hill
Supreme Judicial Court of Maine
On exceptions. Assumpsit on account annexed for the labor and services of the plaintiff’s intestate, amounting to $263.82, with an item of credit of “cash and sundries at sundry times,” $156. The defendant filed an account in set-off, comprising an item of “ cash, goods, and merchandise delivered and paid in settlement of” the intestate’s account, to Dec. 2, 1863, $95.88, and three other items amounting to $7.17. The plaintiff' objected to the introduction of the defendants’…
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On exceptions. Assumpsit on account annexed for the labor and services of the plaintiff’s intestate, amounting to $263.82, with an item of credit of “cash and sundries at sundry times,” $156. The defendant filed an account in set-off, comprising an item of “ cash, goods, and merchandise delivered and paid in settlement of” the intestate’s account, to Dec. 2, 1863, $95.88, and three other items amounting to $7.17. The plaintiff' objected to the introduction of the defendants’ book of account for the purpose of proving items of cash of more than forty shillings, or any other item not properly a…
1Opinion of the CourtAppleton, C. J.
This was an action brought by the plaintiff, as administrator of the goods and estates of Joseph Thompson, on the balance of an account annexed, to which an account in set-off was duly filed.
As the suit is by an administrator, the defendants are not admissible as witnesses generally. They could not testify as to payments, except within the limitations allowed in book-accounts, nor as to any settlements made with the plaintiff’s intestate.
The account-books of a party are admissible, with his suppletory oath to prove a charge of money to the amount of $6.67. As the defendants could not testify…
2Cited by3 opinions
- Harmon v. DeckerOregon Supreme Court · 1902
- Cargill v. AtwoodSupreme Court of Rhode Island · 1893
- Schuman Carriage Co. v. PaxsonHawaii Supreme Court · 1923