Luce v. Doane
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J., presiding. Assumpsit, on an account annexed. The defendant filed an account in set-off. He relied on his set-off, and offered his book of entries with his suppletory oath. It appeared that he could not write, and that the book had been kept regularly every day by his wife, by his direction. The evidence was objected to and excluded. The defendant then offered said book, with the suppletory oath of his wife, which was excluded.
Read the full summary
On Exceptions from Nisi Prius, Appleton, J., presiding. Assumpsit, on an account annexed. The defendant filed an account in set-off. He relied on his set-off, and offered his book of entries with his suppletory oath. It appeared that he could not write, and that the book had been kept regularly every day by his wife, by his direction. The evidence was objected to and excluded. The defendant then offered said book, with the suppletory oath of his wife, which was excluded. The defendant then offered to prove by his daughter, that during the time of the account between the parties, he was…
1Opinion of the CourtShepley, C. J.
— The rule of law permitting a party to a suit to testify that his book of accounts produced, contains the original entries, that they were made on or about the time, and that the articles were delivered, or the labor performed, as»charged, has, it is believed, never been extended to permit him to testify respecting entries made upon his books by another person, unless it be to entries made by his wife. If his wife were admitted to testify for her husband to entries made by her in his books, unless present when the goods were sold, or the service performed, she could only testify that she…
2Cases cited1 opinion
- Carr v. CornellSupreme Court of Vermont · 1832
3Cited by1 opinion
- Missouri Electric Light & Power Co. v. CarmodyMissouri Court of Appeals · 1897