Vosburgh v. Thayer
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. Thayer sued Vosburgh, in the court below, for butcher’s meat furnished by him to Vosburgh and. his family. It was proved, by several witnesses, that he had been in the daily practice of supplying thpm with meat during the period for which he claimed payment. It was proved, by some of those who had dealt with him, that he kept just and honest accounts.
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IN ERROR, on certiorari to a justice’s court. Thayer sued Vosburgh, in the court below, for butcher’s meat furnished by him to Vosburgh and. his family. It was proved, by several witnesses, that he had been in the daily practice of supplying thpm with meat during the period for which he claimed payment. It was proved, by some of those who had dealt with him, that he kept just and honest accounts. He then offered his books of account in evidence, it appearing that he had no clerk. The books were objected to, but admitted in evidence. ""
1Per curiam
The only point for our consideration is, whether the evidence in support of the plaintiff’s demand, in the *462court below, was admissible. In Case v. Potter, (8 Johns. Rep. 212.,) the question, how far the books of account of a party Were evidence, incidentally came under consideration ; but, as-there was; sufficient proof, in that pose-, to -sustain the verdict, without the books, there was no direct decision on the point.
Cases are there cited, showing that, by the' English law, tradesmen’s books are not legal evidence in favour of the party making the entries ; and we intimated that such proof…
2Cited by70 opinions
- Johnson v. LutzNew York Court of Appeals · 1930
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Smith v. . RentzNew York Court of Appeals · 1892
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Roche v. WareCalifornia Supreme Court · 1886
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