Miller v. Shay
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for two hundred and fifty-three loads of sand, at forty cents a load. After the former decision, reported 142 Mass. 598, the case was tried in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that he made a contract with the defendant to supply sand to be used in building, at forty cents a load; that he delivered some of the loads himself, and employed his son, and…
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Contract, upon an account annexed, for two hundred and fifty-three loads of sand, at forty cents a load. After the former decision, reported 142 Mass. 598, the case was tried in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that he made a contract with the defendant to supply sand to be used in building, at forty cents a load; that he delivered some of the loads himself, and employed his son, and one McCann and Joseph Pratt to draw and deliver other loads; that, when he himself delivered any, he put a straight mark…
1Opinion of the Court
Morton, O. J.
The small account-book kept by the plaintiff, showing the number of loads of sand delivered, was properly admitted in evidence. It was a rough and imperfect book of accounts, but it was honestly kept, and was the record of the daily business of the plaintiff, made for the purpose of establishing a charge against another. Pratt v. White, 132 Mass. 477. Such a book, supported by the oath of the plaintiff, is competent, though the account was kept only by marks, the plaintiff being unable to write. These entries are intelligible, and no more liable to fabrication than other entries.…
2Cases cited1 opinion
- Pratt v. WhiteMassachusetts Supreme Judicial Court · 1882
3Cited by16 opinions
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Atlas Shoe Co. v. BloomMassachusetts Supreme Judicial Court · 1911
- Delaney v. Framingham Gas, Fuel & Power Co.Massachusetts Supreme Judicial Court · 1909
- Mansfield v. GusheeSupreme Judicial Court of Maine · 1921
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