Dewey v. . Hotchkiss
New York Court of Appeals
This action was brought to recover a balance for goods sold, arising out of merchants’ accounts, part in favor of the plaintiff and Philip C. Wells—the interest of Philip C. Wells in which had been assigned to John Wells—and part in favor of the plaintiff and John Wells, A portion of the demands consisted in charges of cash to the defendant. John Wells died after the commencement of the action.
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This action was brought to recover a balance for goods sold, arising out of merchants’ accounts, part in favor of the plaintiff and Philip C. Wells—the interest of Philip C. Wells in which had been assigned to John Wells—and part in favor of the plaintiff and John Wells, A portion of the demands consisted in charges of cash to the defendant. John Wells died after the commencement of the action. On the trial before the referee, the plaintiff proved accounts, commencing April 27, 1848, and ending September 30, 1851, amountingto $1,269.72. These accounts were proven by the plaintiff’s calling…
1Opinion of the Court
The only question made is whether the referee decided correctly in admitting the books in evidence on the part of the plaintiffs. This point would seem to have been distinctly disposed of by this court. In the case of Low v. Payne (4 Coms. 247), the court said: The rule undoubtedly is that the private entry of the party himself, in his favor, is not available to sustain a charge for cash lent, but only those entries which are made in the regular and usual course of his business. In that case, however, the books comprise a series of entries made in the usual course of business, in the midst of…
2Cases cited1 opinion
- Pendleton v. . WeedNew York Court of Appeals · 1858
3Cited by3 opinions
- Page v. HazeltonSupreme Court of New Hampshire · 1907
- Abe Plisco v. United States of America, Percy M. May v. United States of America, Norman R. Baker v. United StatesCourt of Appeals for the D.C. Circuit · 1962
- Abe Plisco v. United States of America, Percy M. May v. United States of America, Norman R. Baker v. United StatesCourt of Appeals for the D.C. Circuit · 1962