Libby v. Brown
Supreme Judicial Court of Maine
On report, on the evidence introduced in behalf of the plaintiffs, with the stipulation that if the plaintiffs had made out a case, the action was to stand for trial. Assumpsit on an account annexed. The opinion states the material facts. The plaintiff, Barton, who kept the books and owned the claim, is dead. It is proved by Libby, his former partner, that the books were kept by Barton, that these entries are all in his hand-writing, and that they are original entries.
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On report, on the evidence introduced in behalf of the plaintiffs, with the stipulation that if the plaintiffs had made out a case, the action was to stand for trial. Assumpsit on an account annexed. The opinion states the material facts. The plaintiff, Barton, who kept the books and owned the claim, is dead. It is proved by Libby, his former partner, that the books were kept by Barton, that these entries are all in his hand-writing, and that they are original entries. The plaintiff has given the best evidence, and in fact all the evidence, his case is susceptible of. If Barton had been…
1Opinion of the CourtEmery, J.
This is an action by a surviving partner ou an account stated. Assuming the account stated to be sufficiently proved, the action thereon is admittedly barred by the statute of limitations, unless the bar is removed by what are claimed to be partial payments.
The burden of proving such payments is on the plaintiff, and the only evidence of them he offers, are the entries of them as credits on the partnership books of the plaintiff’s firm in the hand-writing of the deceased partner. Are such entries of credits admissible to prove a partial payment by defendant for the purpose of removing the…
2Cited by4 opinions
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- Johnson Iron Works v. MoockLouisiana Court of Appeal · 1908
- Ray v. Oklahoma Furn. Mfg. Co.Supreme Court of Oklahoma · 1934