Peck v. . Valentine
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 12, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 12, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Mem. of decision below, 29 Hun, 668.) The complaint in this action alleged, in substance, that defendant was employed by J. Melner Peck, the original plaintiff and the present plaintiff’s intestate, as his agent to conduct and carry on the lumber business at the lumber yard of said Peck; that said defendant sold a large quantity of lumber and received the pay…
1Opinion of the CourtAndrews, J.
The plaintiff, for the purpose of proving that the defendant had not entered in the cash-book all the moneys received by him from sales of lumber, called one Leggett as a witness, who testified that in July, 1879, he was employed by the plaintiff in his lumber yard, and kept on a loose piece of paper an account of moneys received by the defendant from sales of lumber from the 1st to the 18th of that month; that the entries were made each day continuously, except Sunday, and were correct; that he gave the paper to the plaintiff, and that the defendant never saw it. The plaintiff testified,…
2Cases cited3 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Guy v. . MeadNew York Court of Appeals · 1860
- Clute v. SmallNew York Supreme Court · 1837
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- State v. MagersOregon Supreme Court · 1899
- National Bank of Commerce of Kansas City v. First Nat. Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1894
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