Case v. Potter
New York Supreme Court
IN error, On certiorari, from a justice’s court. Potter, as administrator, brought an action against Case, before the justice, for ten dollars, money lent to him by the in- - - — - testate in his life-time. The cause was tried before a jury, and the plaintiff below produced the original book of accounts kept by the . . , . . , intestate, containing the original entry (m the hand-writing of the intestate) of ten dollars, lent to the defendant below, being a Hudson bank note.
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IN error, On certiorari, from a justice’s court. Potter, as administrator, brought an action against Case, before the justice, for ten dollars, money lent to him by the in- - - — - testate in his life-time. The cause was tried before a jury, and the plaintiff below produced the original book of accounts kept by the . . , . . , intestate, containing the original entry (m the hand-writing of the intestate) of ten dollars, lent to the defendant below, being a Hudson bank note. The "defendant objected to the evidence, as conclusive proof of the money lent. The justice decided, that it was not…
1Per curiam
The parol proof was sufficient to warrant the verdict in the court below. The party did not object to the admission of the book of entries of the intestate, but only to the conclusive effect of the book. How far the private entry of the party himself, in his favour, be admissible, as evidence for him, in support of a charge, is a question not necessarily arising in this case. Such entries have been held admissible, when against the interest, of the party making them. (7 East, 290. 10 East, 109. 1 Campb. N. P. 367.) But the general rule of the English law is to deny the legality of such…
2Cited by10 opinions
- Petit v. TealSupreme Court of Georgia · 1876
- Taggart v. FoxNew York Court of Common Pleas · 1882
- Conklin v. StamlerNew York Court of Common Pleas · 1859
- Cram v. SpearOhio Supreme Court · 1838
- In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928
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