Carroll v. Storck
California Supreme Court
Appeal from a judgment, and order denying a new trial, in the Twelfth District Court, City and County of San Francisco. Daingereield, J. The plaintiff had judgment, and the defendants moved for a new trial. The defendant Storck appealed.
1Opinion of the Court
The Court : '
The plaintiff, as a witness, having before him one of his books of account at the page on which was entered an account against “ Storck & Co.,” testified that he sold and delivered the goods therein mentioned to defendant Storck, amounting to $686.99, on which there remained due a balance of 396.99. On cross-examination, it appeared expressly that the witness sold and delivered none of the goods in person. Whereupon defendant (appellant) moved to strike out all the testimony as to the sale and delivery of the goods “ as mere hearsay.” The witness did not pretend to allege that he…
2Cited by2 opinions
- Patrick v. TetzlaffCalifornia Court of Appeal · 1920
- White v. WhitneyCalifornia Supreme Court · 1889