Rexford v. Comstock
New York Supreme Court
■On motion for confirmation of referee’s report. Benjamin F. Bexford, administrator, etc., of Benjamin F. Bexford, deceased, presented a claim to Abel Comstock, administrator d. 6. n. of William G-. Guernsey, deceased, for attorney’s fees due, and disbursements made by plaintiff’s intestate, which was referred under the statute. The referee reported $4,192.24 due the claimant.
1Opinion of the CourtFollett, J.
Plaintiff’s intestate died August 30,1872. Defendant’s intestate died June 24, 1873. The referee received in evidence the books of account of the plaintiff’s intestate against the objection and exception of the defendant. Books of account are admissible in evidence in favor of the party keeping them, notwithstanding parties to actions are now authorized by statute to testify in their own behalf. Tomlinson v. Borst, 30 Barb. 42; Stroud v. Tilton, *42 N. Y. 139, 4 Abb. Dec 324. Entries of medical services in books of account regularly kept by a physician are evidence of the rendition and value of…
2Cases cited12 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Vosburgh v. ThayerNew York Supreme Court · 1815
- M'Allister v. ReabNew York Supreme Court · 1830
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Taylor v. MortonSupreme Court of the United States · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Radtke v. TaylorOregon Supreme Court · 1922