Severance & Smith v. Lombardo
California Supreme Court
Appeal from the Fifth District. The complaint is a simple count for lumber sold and delivered by plaintiffs to Lombardo, Kershaw, Ralto, and others, whose names are unknown—without any allegation of partnership between defendants.
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Appeal from the Fifth District. The complaint is a simple count for lumber sold and delivered by plaintiffs to Lombardo, Kershaw, Ralto, and others, whose names are unknown—without any allegation of partnership between defendants. Lombardo filed a general denial; Kershaw made default; Ralto answered, that at the time the lumber was furnished he had no business connection with the other defendants, and was not, therefore, a proper party defendant; and the other defendants were not served. It seems the lumber was furnished certain parties who were working a mining claim at Stevens’ Bar,…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The Court erred in admitting the plaintiffs’ books to prove a copartnership of the defendant Lombardo with the other defendants sued, or with others to whom certain lumber (for the price of which the suit was brought) was sold. The books arc held competent evidence to prove the delivery of goods therein charged, when the nature of the subject is such as not to render better evidence attainable. (Greenl. Ev. 117 and note 3.) The reason of the rule supposes the fact of which an entry is made to be peculiarly within the knowledge of the party, and the entry to be admissible…
2Cited by4 opinions
- Maguire v. CunninghamCalifornia Court of Appeal · 1923
- Reid v. ReidCalifornia Supreme Court · 1887
- Chandler v. RobinettCalifornia Court of Appeal · 1913
- White v. WhitneyCalifornia Supreme Court · 1889