Powell v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Murphy, from a judgment of the Supreme Court in favor of the plaintiff, entered in- the office of the clerk of the county of Kings on the 22d day of April, 1896, upon the report of a referee.
1Opinion of the Court
Cullen, J.:
We feel constrained to reverse this judgment. The action was to recover for goods sold and delivered by the. plaintiff’s assignor, now deceased. . The books of the assignor were admitted in evidence, and the claim against defendant was practically established by those books alone. The books were not admissible in evidence as merchant’s accounts, because.there was no sufficient proof, that any witness had settled by those books. The witnesses' testified that they had settled by bills rendered to them by the plaintiff’s assignor, but had never seen- the .books of account themselves.…
2Cases cited2 opinions
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Walbridge v. SimonThe Superior Court of the City of New York and Buffalo · 1895
3Cited by4 opinions
- Textile Publishing Co. v. SmithAppellate Terms of the Supreme Court of New York · 1900
- Rathborne v. HatchAppellate Division of the Supreme Court of the State of New York · 1903
- Shmargon v. RosensteinAppellate Division of the Supreme Court of the State of New York · 1920
- Wright v. HicksAppellate Division of the Supreme Court of the State of New York · 1901