Weamer v. Juart
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. This was an action of assumpsit, by John Weamer, surviving partner of the firm of J. Weamer & Son, against Thomas Juart, to recover a book account for goods sold and delivered. The plaintiffs were merchants in the town of Plumville, from 1848 till 1851, when Joseph Weamer, one of the partners, died.
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Error to the Common Pleas of Indiana county. This was an action of assumpsit, by John Weamer, surviving partner of the firm of J. Weamer & Son, against Thomas Juart, to recover a book account for goods sold and delivered. The plaintiffs were merchants in the town of Plumville, from 1848 till 1851, when Joseph Weamer, one of the partners, died. During the existence of the partnership the defendant dealt in the store, and this suit was brought to recover an alleged balance due the firm. The principal evidence on the part of the plaintiff was the books of original entries, with the evidence of…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The rule that makes shop-books evidence is founded in the necessities of justice. They are evidence manufactured by the shopkeeper himself, for his own purposes, and without any chance of supervision by his customer. In their best estate, therefore, it is proper to subject them, when offered in evidence, to severe scrutiny. But when they have acquired a general reputation for inaccuracy — when the shopkeeper has through fraud or carelessness made false entries, or omitted true ones, so frequently as to destroy the confidence of his…
2Cited by2 opinions
- Tolentino v. BaileySuperior Court of Pennsylvania · 1974
- Tolentino v. BaileySuperior Court of Pennsylvania · 1974