Dr. R. D. Eaton Chemical Co. v. Doherty
North Dakota Supreme Court
From a judgment of the District Court of Bottineau County, Burr, J., defendants Evoy and Coliton appeal. Books of account, kept in the usual course of business, are the best evidence of their contents. In an action to recover for goods sold and delivered, where account of same was properly kept, a witness cannot testify as to such account, and as to the value of the goods, by merely using such books, not in evidence, to refresh his memory. Such evidence is hearsay.
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From a judgment of the District Court of Bottineau County, Burr, J., defendants Evoy and Coliton appeal. Books of account, kept in the usual course of business, are the best evidence of their contents. In an action to recover for goods sold and delivered, where account of same was properly kept, a witness cannot testify as to such account, and as to the value of the goods, by merely using such books, not in evidence, to refresh his memory. Such evidence is hearsay. Starkie, Ev. (1824) 79, 127; Greenl. Ev. § 98. Oral evidence of persons having personal knowledge of the transactions is the best…
1Opinion of the CourtChristianson, J.
The plaintiff is a Minnesota corporation, whose place of business is located in Minneapolis, Minnesota. It is engaged in the business of manufacturing and selling veterinary and other remedies. On June 3, 1910, the plaintiff entered into a written contract with the defendant, J. P. Doherty, whereby the plaintiff agreed “to fill and deliver on board cars at Minneapolis, Minnesota, his reasonable orders, provided his account is in satisfactory condition, and to charge all goods shipped him under this contract to his account at current wholesale prices.” The defendants, Ed. Evoy and Steve…
2Cases cited9 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Nicholls v. WebbSupreme Court of the United States · 1823
- Bank v. LanierSupreme Court of the United States · 1871
- Putnam v. United StatesSupreme Court of the United States · 1896
- Insurance Company v. WeideSupreme Court of the United States · 1870
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3Cited by16 opinions
- Williams Electric Cooperative, Inc. v. Montana-Dakota Utilities Co.North Dakota Supreme Court · 1956
- State v. BraathenNorth Dakota Supreme Court · 1950
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- Interstate Collection Agency, Inc. v. KuntzNorth Dakota Supreme Court · 1970
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