Kaye v. Taylor
North Dakota Supreme Court
Appeal from tbe District Court of Burleigh County, Winchester, J. Action to recover balance due on book account. Judgment for defendant. Plaintiff appeals. Plaintiff is not restricted to tbe use of bis books and records to prove an account, but be may use other means of evidence to prove bis account, sucb as admissions by tbe defendant, etc. 1 Ene. Ev. 157; 2 Elliott, Ev. § 1260; 3 Enc. PI. & Pr. 536; Providence Tool Co. v. Prader, 32 Cal. 634, 91 Am.
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Appeal from tbe District Court of Burleigh County, Winchester, J. Action to recover balance due on book account. Judgment for defendant. Plaintiff appeals. Plaintiff is not restricted to tbe use of bis books and records to prove an account, but be may use other means of evidence to prove bis account, sucb as admissions by tbe defendant, etc. 1 Ene. Ev. 157; 2 Elliott, Ev. § 1260; 3 Enc. PI. & Pr. 536; Providence Tool Co. v. Prader, 32 Cal. 634, 91 Am. Dec. 598. Where evidence, admittedly incompetent, is admitted on tbe trial, tbe court cannot direct a verdict against party offering same.…
1Opinion of the CourtBruce, J.
This is one of the numerous cases in which a client has been directed by his attorney to bring his books of account with him when attending a trial as a witness on his own behalf, but has neglected and failed to comply with the request, and has then complained because his own negligence has made it impossible to prove his case. The neglect of a litigant to produce competent evidence which is in his possession does not justify a court in permitting the introduction of that which is secondary and incompetent; and if such court has inadvertently admitted the same under objection, he can later…
2Cases cited24 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Turner v. American Security & Trust Co.Supreme Court of the United States · 1909
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Kuhland v. SedgwickCalifornia Supreme Court · 1860
- Yakima Valley Bank v. McAllisterWashington Supreme Court · 1905
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3Cited by3 opinions
- Continental Supply Co. v. Syndicate Trust Co.North Dakota Supreme Court · 1924
- Steuber v. Hastings Heating & Sheet Metal CompanyNorth Dakota Supreme Court · 1967
- Baldwin Piano Co. v. WylieNorth Dakota Supreme Court · 1933