Smith v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 23,1897, affirming a judgment of the Suffolk County Court entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The conditions precedent to the introduction of the books of account were not complied with by plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 23,1897, affirming a judgment of the Suffolk County Court entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The conditions precedent to the introduction of the books of account were not complied with by plaintiff. (3 Wait’s Law & Practice, 500; Tomlinson v. Borst, 30 Barb. 42; Vosburgh v. Thayer, 12 Johns. 461; Dooley v. Moan, 57 Hun, 535 ; McGoldrick v. Traphagen, 88 N. Y. 334.) The rule that the…
1Opinion of the CourtGray, J.
The plaintiff sought to recover a balance due for coal sold and delivered by him to the defendant. He recovered judgment, upon a trial before a referee, and that judgment has been unanimously affirmed by the Appellate Division. Upon his appeal to this court, the defendant assigns as error a ruling of the referee, under which the plaintiff’s books of account were admitted in evidence.
Upon the trial, the plaintiff testified to having had business transactions with the defendant, in the sale of coal to him, for some timé past; that his books of account contained a correct statement of the coal…
2Cases cited5 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Tomlinson v. BorstNew York Supreme Court · 1859
- Dooley v. MoanNew York Supreme Court · 1890
- Clark v. BrockwayNew York Court of Appeals · 1866
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- People v. SelassieNew York Supreme Court · 1988
- People v. JonesNew York City Magistrates' Court · 1958
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