Irish v. Horn
New York Supreme Court
Appeal from Warren county court. Action by Edward D. Irish against Elizabeth C. Horn to recover the price of goods sold and delivered, and for work done. Judgment ■ was rendered in favor of plaintiff in the justice’s court, and was affirmed by the county court. From the judgment of affirmance, defendant appeals.
1Opinion of the CourtPutnam, J.
Plaintiff, on the trial before the justice to prove the set out his complaint, read in evidence pages 83 and 84 of his book of account. It is urged by appellant that, although defendant’s objections to such book of account were overruled, plaintiff neglected to actually read said pages 83 and 84, and hence there was no evidence whatever before the justice to establish plaintiff’s cause of action. The learned county judge, however, reached the conclusion that plaintiff’s book was on the trial treated and regarded as in evidence, and hence on the appeal it should be deemed that pages 83 and 84…
2Cases cited3 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Dooley v. MoanNew York Supreme Court · 1890