Woodes v. Dennett
Superior Court of New Hampshire
Assumpsit, upon an account annexed to the writ, for boarding and nursing George Pickering, in the months of April and May, 1832. The action was founded upon an alleged agreement by the defendant to pay the plaintiff therefor, if Pickering did not.
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Assumpsit, upon an account annexed to the writ, for boarding and nursing George Pickering, in the months of April and May, 1832. The action was founded upon an alleged agreement by the defendant to pay the plaintiff therefor, if Pickering did not. The defendant contended that Pickering did pay the plaintiff, by his labor; and introduced evidence tending to show that the plaintiff employed Pickering to cut wood immediately previous to his sickness, and that his wages would amount to a larger sum than that charged in the plaintiff’s account. The plaintiff, for the purpose of rebutting the…
1Opinion of the CourtGilchrist, J.
It may be convenient, in order to determine the validity of the exception taken to the admission of the book of accounts, to ascertain, as far as it may be done, the reason why in this country the account books of a party to the suit have been admitted as evidence of his claim against his opponent. The reason cannot be, that they are, in general, the best evidence the nature of the case admits of, because they are verified by a party who testifies in his *512own favor, particularly as the courts have authorized, at different times, the admission of books kept by persons engaged in every variety…
2Cases cited5 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Mifflin v. BinghamSupreme Court of the United States · 1788
- Poultney v. RossSupreme Court of the United States · 1788
- Eastman v. MoultonSuperior Court of New Hampshire · 1825
3Cited by3 opinions
- Putnam v. GoodallSuperior Court of New Hampshire · 1855
- Batchelder v. SanbornSuperior Court of New Hampshire · 1851
- Pecker v. HoitSuperior Court of New Hampshire · 1844