Bell v. Keely
Supreme Court of Pennsylvania
Indebitatus assumpsit with five general counts. The defendant shipped to the plaintiffs at Charleston in South Carolina, sundry merchandize for sale. Part thereof proving unsaleable was re-shipped to the defendant in Philadelphia.
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Indebitatus assumpsit with five general counts. The defendant shipped to the plaintiffs at Charleston in South Carolina, sundry merchandize for sale. Part thereof proving unsaleable was re-shipped to the defendant in Philadelphia. This being denied by him, the plaintiffs produced three depositions taken under a commission in South Carolina, showing that two of the clerks who made the original entries in their day books, were dead or out of the state, and annexing true extracts therefrom. The three witnesses were also clerks of the plaintiffs, and verified their own entries. An entry of two…
1Opinion of the Court
By the court.
Bills of lading signed by the captains, are certainly the more regular and mercantile proofs. But they are not exclusive evidence of the shipment of certain goods, as this may be established by witnesses present at the transaction. The day books are evidence of the re-shipment of the merchandize, hut cannot be relied on alone. They must he supported by other proof, or great inconveniences might ensue.
It would be highly unreasonable to expect on a trial, the original books of merchants resident abroad. They may be wanted at other places. True abstacts from the books only can be…
2Cited by1 opinion
- Gochenauer v. GoodSupreme Court of Pennsylvania · 1831