Stone v. Cronin
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Richmond county. Action by Medad E. Stone, as administrator of the estate of Eeverett Stone, against Bridget Cronin, individually and as administratrix of the estate of Michael Cronin. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtJenks, J.
I think that the plaintiff did not meet the rule of Vosburgh v. Thayer, 12 Johns. 461, and Smith v. Smith, 163 N. Y. 168, 57 N. E. 300, and that, therefore, the admission of the books was erroneous. The several witnesses testify that they settled bills rendered to them, which the plaintiff testifies were correct copies of the books, but none of the witnesses testifies that he settled his account by the books. In McGoldrick v. Traphagen, 88 N. Y. 334, “several witnesses testified that they had settled their accounts with the respondent, and found them honest, and correct, but had never seen…
2Cases cited5 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Smith v. . SmithNew York Court of Appeals · 1900
- Snyder v. SloaneAppellate Division of the Supreme Court of the State of New York · 1901
- Snyder v. SloaneAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Rathborne v. HatchAppellate Division of the Supreme Court of the State of New York · 1903