Mason v. Wedderspoon
New York Supreme Court
Appeal from a judgment of the County Court of Otsego county, affirming a justice’s judgment in favor of the plaintiffs. The action was brought to recover damages upon an allegation that, in June, 1883, “ the defendant employed one Albert Gorringe to make for him one coach harness, with gold and black trimmings and breeching, and agreed to pay for the same, upon the delivery thereof, seventy-five dollars; ” that the harness had been made and tendered to the defendant, who had…
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Appeal from a judgment of the County Court of Otsego county, affirming a justice’s judgment in favor of the plaintiffs. The action was brought to recover damages upon an allegation that, in June, 1883, “ the defendant employed one Albert Gorringe to make for him one coach harness, with gold and black trimmings and breeching, and agreed to pay for the same, upon the delivery thereof, seventy-five dollars; ” that the harness had been made and tendered to the defendant, who had refused to receive it. Gorringe died in January, 1884, and the plaintiffs were appointed his administrators. The…
1Opinion of the Court
Hardin, P. J.:
Entries made in the order book or account book of the deceased by him, not in the presence of the defendant, were not competent evidence. (Peck v. Von Keller, 76 N. Y., 604; Bigelow v. Hall, 91 id., 145 ; Dean v. Ætna Life Ins. Co., 2 Hun, 358; reversed, on other grounds, 62 N. Y., 642; Gould v. Conway, 59 Barb., 355; Collins v. Rochwood, 64 How., 57.)
Respondent’s counsel calls our attention to Livingston v. Arnoux (56 N. Y., 518), but it does not support the ruling made below and is not in conflict with the cases we have cited. In that case the written memorandum ivas made by…
2Cases cited3 opinions
- Peck v. . ValentineNew York Court of Appeals · 1884
- Gould v. ConwayNew York Supreme Court · 1871
- Wright v. DuganNew York Supreme Court · 1884