Collins v. Carlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Patrick J. Carlin and others, doing business as copartners as P. J..Carlin & Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 29tli day of September, 1904,. upon the verdict of a jury rendered after, a trial at the Nassau Trial Term.
1Opinion of the Court
Jenks, J.:
I think that the admission of the plaintiffs’ time book was error. The plaintiffs sued for $5,003 upon a contract for pumping at $10 per diem. The number of days’ work done was an issue, and finally was the sole issue submitted to the jury. One of the plaintiffs testified that they worked 500y\- days. At the close of his recross-examination he was permitted to read their time book in evidence. Some time before, when cross-questioned as to whether he knew of any work done on a specified day, he answered: “ I have a time book which will give me the exact date and hours and so forth,…
2Cases cited4 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Smith v. . SmithNew York Court of Appeals · 1900
3Cited by3 opinions
- Miller v. LoncaoNew York Supreme Court · 1910
- Tredwell v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Tredwell v. SmithAppellate Division of the Supreme Court of the State of New York · 1909