Gould v. Conway
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. . This action was brought by the plaintiffs to recover a balance claimed to be due them upon an account for goods sold and delivered by the plaintiffs, George Gould and James H. Gould, to the defendant, and by them1 assigned to the plaintiffs.
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APPEAL by the defendant from a judgment entered upon the report of a referee. . This action was brought by the plaintiffs to recover a balance claimed to be due them upon an account for goods sold and delivered by the plaintiffs, George Gould and James H. Gould, to the defendant, and by them1 assigned to the plaintiffs. The cause was referred to a referee, to hear, try and determine, who, after trial, reported in favor of the plaintiffs, upon which judgment was rendered against the defendant, and from that judgment the defendant appealed to this court. The goods were sold to' the defendant’s…
1Opinion of the Court
By the Court, Johnson, J.
The only question of any importance in this case relates to the competency of books of account, and' of entries therein, as evidence to establish the indebtedness of a party-as there charged, against him. The books offered were day-books, and books of original entries, and were offered for the purpose, as the ease states, “ of proving the entries of sales where the handwriting is proved, and which are not 'remembered by the persons making the sale, and where the sale has not been proven, apart from the book.” The evidence was objected to as ■ incompetent for that…
2Cases cited1 opinion
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
3Cited by15 opinions
- Dooley v. MoanNew York Supreme Court · 1890
- Beebe v. WilkinsonSupreme Court of Minnesota · 1883
- Taggart v. FoxNew York Court of Common Pleas · 1882
- Shipman v. GlynnAppellate Division of the Supreme Court of the State of New York · 1898
- The Sylvan StreamDistrict Court, N.D. New York · 1888
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