Krom v. Levy
New York Supreme Court
This action was brought to recover a balance of account for work done and materials furnished by the plaintiff and John A. Schenck, as partners, for the defendant. The referee reported $63.23, and interest on the same from the 8th day of June, 1864, to be due to the surviving plaintiff. From the judgment entered on the report the defendant appealed.
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This action was brought to recover a balance of account for work done and materials furnished by the plaintiff and John A. Schenck, as partners, for the defendant. The referee reported $63.23, and interest on the same from the 8th day of June, 1864, to be due to the surviving plaintiff. From the judgment entered on the report the defendant appealed. The summons and complaint served on defendant June 8, 1864; answer served June 28, 1864; order of reference to D. T. Walden, Esq., entered November 15, 1864. Cause tried before referee. Judgment entered in favor of defendant against plaintiff, for…
1Opinion of the CourtDaniels, J.
The plaintiffs’ demand was proven in part by his own evidence accompanying the book of account kept by his deceased copartner. He was asked what he knew about the entries in the book, and the defendant objected to the inquiry as irrelevant and incompetent, because it appeared that his.copartner kept the book exclusively, and the knowledge of the witness must necessarily be secondary evidence, and he should be confined to his knowledge of work done for the defendant. • These objections were very properly overruled, because the witness’ question merely required the witness to state what…
2Cases cited3 opinions
- Sickles v. MatherNew York Supreme Court · 1838
- Leavenworth v. PackerNew York Supreme Court · 1867
- Neaffie v. HartNew York Supreme Court · 1871