Larue v. Rowland
New York Supreme Court
Appeal from the Schoharie county court. Larue sued Rowland before a justice of the peace for a quantity of manure sold and delivered to him. The defendant pleaded the general issue, and gave notice of set-off. Upon the trial, the plaintiff proved that the defendant had of him seven loads of manure, worth three shillings per load. The defendant, who is a physician, offered an account against the plaintiff, as a set-off.
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Appeal from the Schoharie county court. Larue sued Rowland before a justice of the peace for a quantity of manure sold and delivered to him. The defendant pleaded the general issue, and gave notice of set-off. Upon the trial, the plaintiff proved that the defendant had of him seven loads of manure, worth three shillings per load. The defendant, who is a physician, offered an account against the plaintiff, as a set-off. He proved by Charles Knox that he had dealt with the defendant, and settled with him from his books, and found the account upon the books all right. The witness identified the…
1Opinion of the Court
By the Court, Harris, J.
Books of account are received in evidence, only upon the presumption that no other proof exists. They are justly regarded as the weakest and most suspicious kind of evidence. The admission of them at all, is a violation of one of the first principles of the law of evidence, which is, that a party shall not himself make evidence in his own favor. The practice of admitting such evidence is, I believe, universally adopted. It is said that it has its origin in a kind of “ moral necessity,” and that such is the general course of business that no proof could be furnished of…
2Cases cited2 opinions
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Sickles v. MatherNew York Supreme Court · 1838
3Cited by7 opinions
- Veiths v. HaggeSupreme Court of Iowa · 1859
- Tomlinson v. BorstNew York Supreme Court · 1859
- Lewis v. EnglandWyoming Supreme Court · 1905
- Jackson v. EvansMichigan Supreme Court · 1857
- Halliday v. ButtSupreme Court of Alabama · 1866
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