Parker v. Donaldson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Columbia county. Samuel Parker against William Donaldson. This was an action of assumpsit for goods sold and delivered; to support which, the plaintiff offered in evidence his book of original entries, after giving the following evidence: Hugh Smith sworn. I am a clerk of Mr Samuel Parker, of Philadelphia. He is-a grocer. I was in his employment in April 1838. This book produced here is the book of original entries of Samuel Parker.
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ERROR to the Common Pleas of Columbia county. Samuel Parker against William Donaldson. This was an action of assumpsit for goods sold and delivered; to support which, the plaintiff offered in evidence his book of original entries, after giving the following evidence: Hugh Smith sworn. I am a clerk of Mr Samuel Parker, of Philadelphia. He is-a grocer. I was in his employment in April 1838. This book produced here is the book of original entries of Samuel Parker. This entry, dated April 27th 1838, is my handwriting. It was made on that date. This is the time the goods were bought, not the time…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
A book of original entries, supported by the oath of the party, is prima facie evidence of the sale, and delivery of the articles sold to the person charged. But where it certainly appears that at the time the entries were made the contract of sale was not complete, but that the goods were charged under a confident expectation that the contract would be completed by an actual delivery, the book is not competent evidence. The entry must be made at the delivery of the goods, or immediately after; Curren v. Crawford, (4 Serg. Rawle 3). Thus, if…
2Cited by6 opinions
- Laird v. CampbellSupreme Court of Pennsylvania · 1882
- Morris v. SellersTexas Supreme Court · 1877
- Rutgers v. LucetNew York Supreme Court · 1800
- Odell v. CulbertSupreme Court of Pennsylvania · 1845
- Parker v. DonaldsonSupreme Court of Pennsylvania · 1843
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