Walter v. Bollman
Supreme Court of Pennsylvania
ERROR to the common pleas of Allegheny county. Charles M. Bollman against Doctor A. Walter. This was an action of assumpsit for boarding and lodging the defendant. The defendant pleaded a set-off, and alleged that while he boarded with the plaintiff, he rendered services, as a physician, by attending the plaintiff’s family.
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ERROR to the common pleas of Allegheny county. Charles M. Bollman against Doctor A. Walter. This was an action of assumpsit for boarding and lodging the defendant. The defendant pleaded a set-off, and alleged that while he boarded with the plaintiff, he rendered services, as a physician, by attending the plaintiff’s family. On the trial, he produced a paper writing of original entries; and, having been sworn, he answered as follows: “ This paper contains my original entries of professional services rendered to Mr Bollman (the plaintiff). The entries are in my own handwriting. About a couple…
1Per curiam
This paper is not such a book as the law requires. The entries ought to be made in the course of the parties’ business; and here the defendant would seem not to have been in business at all, for he did not seek it. They ought also to be made with an intent to charge, and such an intent is disproved by the defendant’s own oath. Besides, the entries were not made regularly as the services were rendered. A day-book ought to be a register of the day’s transactions, but cannot be a safe one if they are not registered at the close of the day, or during the succeeding one. Certainly more than-one…
2Cited by3 opinions
- Gaines v. RelfSupreme Court of the United States · 1852
- Gaines v. RelfSupreme Court of the United States · 1852
- Silver v. WorcesterSupreme Judicial Court of Maine · 1881