Moore v. Meacham
New York Court of Appeals
This was an action of trespass on the case. The first count in the declaration was for obtaining from the plaintiff á quantity of sheathing copper, by false and fraudulent representations that the defendant was the authorized agent of the ship Thomas Williams and owners, to charge her and them with the price, whereby the plaintiff was induced to sell and deliver the copper, and afterwards to sue one of the owners for the price, in which action the plaintiff was defeated by…
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This was an action of trespass on the case. The first count in the declaration was for obtaining from the plaintiff á quantity of sheathing copper, by false and fraudulent representations that the defendant was the authorized agent of the ship Thomas Williams and owners, to charge her and them with the price, whereby the plaintiff was induced to sell and deliver the copper, and afterwards to sue one of the owners for the price, in which action the plaintiff was defeated by the defendant’s testimony that he had no authority, and so lost the expenses of that suit in addition to the value of the…
1Opinion of the CourtGray, J.
The first question presented is upon the exception taken by the plaintiff’s counsel to the decision of the judge, in refusing to permit an entry made in the plaintiff’s books to be read as evidence of the fact that the copper there charged had been sold to the ship Thomas Williams and owner's. This entry was not made by the plaintiff, but by his clerk, who testified that the bargain was made between the plaintiff and defendant in his presence. In such case the party is not entitled to the benefit of his books as evidence. He had a clerk who heard the bargain and made the entry. Whether the…
2Cited by4 opinions
- Harwood v. Shoe.Supreme Court of North Carolina · 1906
- Dodsworth v. Hercules Iron WorksCourt of Appeals for the Sixth Circuit · 1895
- Chilson v. HoweNew York Supreme Court · 1889
- Jenks v. RobertsonNew York Supreme Court · 1873