In the Matter of McGoldrick v. . Traphagen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon an order confirming the report of a referee. This was a reference under the statute of a disputed claim against an estate. The claim was an account for work, etc., in shoeing horses for defendant’s testator.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon an order confirming the report of a referee. This was a reference under the statute of a disputed claim against an estate. The claim was an account for work, etc., in shoeing horses for defendant’s testator. To prove the account the claimant offered Ms ledger in evidence, wMch was received under objection and exception. The evidence in relation thereto is substantially stated in the opinion.…
1Opinion of the CourtMiller, J.
We think that there was no error committed by the admission of the ledger of the respondent as evidence. It was proved upon the trial that the work done by the respondent for the testator was first entered at the time upon a slate, generally by the respondent. The entries were then transferred by the book-keeper to a day-book about every day, and then to the ledger from the day-book. Ho prices for the work were entered until the charges were carried out into the ledger and then the respondent fixed the prices and they were entered accordingly. The respondent testified that he directed the men…
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