Pecker v. Hoit
Superior Court of New Hampshire
■ Assumpsit upon an account annexed to the writ, for goods sold and delivered. At the trial, the plaintilfs proved that the defendant called at their store, with one James Bradbury, his apprentice, and selected some clothes for Bradbury’s use, and requested the plaintiffs’ clerk to charge them to Bradbury, as he wished the articles he took for his own use to be kept separate on the books from those which he procured for Bradbury, and said he would settle for them when he…
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■ Assumpsit upon an account annexed to the writ, for goods sold and delivered. At the trial, the plaintilfs proved that the defendant called at their store, with one James Bradbury, his apprentice, and selected some clothes for Bradbury’s use, and requested the plaintiffs’ clerk to charge them to Bradbury, as he wished the articles he took for his own use to be kept separate on the books from those which he procured for Bradbury, and said he would settle for them when he paid his own bill, and the clerk charged them to Bradbury accordingly. The defendant objected to this evidence, on the…
1Opinion of the CourtGilchrist, J.
The books of account of a party, fortified by his supplementary oath, are admitted in evidence, in his favor, by reason of the great convenience of this mode of proof of the ordinary dealings between individuals. Woodes vs. Dennett, [12 N. H. Rep. 510.] The evidence is inferior to the oral testimony of disinterested witnesses, and at common -law is not admissible. The party may, in his discretion, waive his books altogether, and rely upon common law proof, by witnesses, or otherwise, although the books contain, evidence of the matter for which he seeks to recover.
Nor do charges upon books of…
2Cases cited3 opinions
- Davis v. SandersSuperior Court of New Hampshire · 1840
- Woodes v. DennettSuperior Court of New Hampshire · 1842
- Cummings v. NicholsSuperior Court of New Hampshire · 1843