Crooke v. Elliott

The one special ground of the amended motion for new trial complains that the trial court erred in admitting in evidence over objection the plaintiff’s Exhibit No. 1 which was an invoice for 17,543 board feet of lumber and the memorandum delivery tickets on such lumber. The grounds of objection urged on the trial were that such exhibit was hearsay and was not made in the regular course of business inasmuch as the plaintiff’s testimony showed that the exhibit was lost for some 8 months.

On the trial the plaintiff testified in part, with reference to the invoice and delivery tickets which…