Philbin v. Patrick
New York Court of Appeals
Stephen Philbin and Joseph B. Quin sued Richard Patrick, in the New York superior court, to recover for labor and materials in the plumbing work in defendant’s house. On the trial, Mr. Knight, plaintiffs’ bookkeeper, was called, and sworn as a witness.
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Stephen Philbin and Joseph B. Quin sued Richard Patrick, in the New York superior court, to recover for labor and materials in the plumbing work in defendant’s house. On the trial, Mr. Knight, plaintiffs’ bookkeeper, was called, and sworn as a witness. After stating that plaintiffs had two day books, into one of which entries were taken off from the scrap book, and then transferred again into the other, the witness was asked to take his scrap book and begin at the beginning, and call off all the items entered by him on this job. Against defendant’s objection and exception, he was permitted to…
1Opinion of the Court
By the Court.
Miller, J.
[After holding that the findings and exceptions could not he reviewed because not inserted in the case, — an objection obviated by section 268 of the Code of Procedure as amended in 1869.]
Independent of the reason stated for the affirmance of the judgment, I think there was no error upon the trial. The objection made to allowing Knight, the plaintiffs’ bookkeeper, to read from the scrap book the list of articles there named, and delivered to the workmen from plaintiffs’ shop, is not well taken. The book was competent evidence, preliminary to proof that materials were…
2Cases cited4 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Guy v. . MeadNew York Court of Appeals · 1860
- Kennedy v. CrandellNew York Supreme Court · 1870