Legal Opinion

Roche v. Ware

California Supreme Court

Decided December 6, 1886No. 11282PublishedCited by 22 opinions

Appeal from a judgment of the Superior Court of Colusa County, and from an order refusing a new trial. The action was brought against the administratrix of the estate of a deceased person to recover for work and labor performed and material furnished by the plaintiff to the deceased. The further facts are stated in the opinion of the court.

1Opinion of the CourtMcKinstry, J.

Plaintiff’s books of account were admitted in evidence over the objection of defendant that they were not sufficiently proved, The only evidence on which the books were admitted consisted of testimony of the wife of plaintiff, which tended to prove that the plaintiff had no clerk; that entries were made in original books by the plaintiff on the evening of each day purporting to be charges for work done and material furnished during the day; and that the accounts as entered in the blotter or day-book were correctly transferred to the ledger.

In the English courts, tradesmen’s books were not…

2Cases cited5 opinions

  1. People v. GidneyCalifornia Supreme Court · 1937
  2. Vosburgh v. ThayerNew York Supreme Court · 1815
  3. Landis v. TurnerCalifornia Supreme Court · 1860
  4. Conklin v. StamlerNew York Court of Common Pleas · 1859
  5. Morgan v. AndriotNew York Court of Common Pleas · 1859

3Cited by22 opinions

  1. Stuart v. LordCalifornia Supreme Court · 1903
  2. Kinley v. LargentCalifornia Supreme Court · 1921
  3. Cowdery v. McChesneyCalifornia Supreme Court · 1899
  4. Chan Kiu Sing v. GordonCalifornia Supreme Court · 1915
  5. Deacon v. BryansCalifornia Court of Appeal · 1928

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