Farmers' Co-operative Elevator Co. v. Medhus
North Dakota Supreme Court
Appeal from the County Court of Benson County, Liles, J. Books of account are admissible as evidence of transactions therein recorded, but as a general rule mercantile books can be admitted only as affirmative evidence, and are not competent to establish that no-transaction was had, for the reason that no entry was made in the books. In other words, they cannot be used to prove a negative.
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Appeal from the County Court of Benson County, Liles, J. Books of account are admissible as evidence of transactions therein recorded, but as a general rule mercantile books can be admitted only as affirmative evidence, and are not competent to establish that no-transaction was had, for the reason that no entry was made in the books. In other words, they cannot be used to prove a negative. Boor v. Moschell, 55 Hun, 604, 8 N. T. Supp. 583; Winner v. Bauman, 28-Wis. 563; Kerns v. McKean, 76 Cal. 87, 18 Pac. 122; Kiley v. Boehm, 167 Mass. 183, 45 N. E. 84; Mattocks v. Lyman, 18 Yt. 98, 46 Am.…
1Opinion of the CourtBurke, J.
In the fall of 1909 defendant delivered at plaintiff’s elevator several thousand bushels of wheat, receiving therefor storage tickets. Among other such tickets was one dated November 6, 1909, for 873 bushels, net, known in this case as exhibit 32. Plaintiff contends that clerical error occurred at the time of the execution of this *254exhibit, and that in truth and fact said ticket was intended to be and should have been for 473 bushels, net. The action was tried in the court below to a jury, and found in favor of the plaintiff for the full amount demanded. The specifications of error necessary…
2Cases cited7 opinions
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- Peck v. PierceSupreme Court of Connecticut · 1893
- Robinson v. Dibble's AdministratorSupreme Court of Florida · 1880
- Campbell v. HollandNebraska Supreme Court · 1888
- Schettler v. JonesWisconsin Supreme Court · 1866
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