Seagrove v. Redman
Supreme Court of Pennsylvania
This suit was brought for the recovery of "sundry disbursements on the brig Schuylkill at the Havana, against the defendants as owners, by the plaintiff as their agent and consignee. In the course of the trial, the plaintiff offered his books in evidence to show the articles furnished and moneys expended by him ; whibh was objected to, as not being within the principle of goods sold and delivered.
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This suit was brought for the recovery of "sundry disbursements on the brig Schuylkill at the Havana, against the defendants as owners, by the plaintiff as their agent and consignee. In the course of the trial, the plaintiff offered his books in evidence to show the articles furnished and moneys expended by him ; whibh was objected to, as not being within the principle of goods sold and delivered. Many of the items are for cash paid, of which a day book is no evidence by our custom. It was incumbent on the plaintiff to take out commissions to establish such payment.
1Opinion of the Court
By the court.
These transactions took place in a foreign country, from whence regular proofs must bo had with difficulty : and in a mercantile case, wherein the general rules of law as to evidence, are much relaxed. There is no law which authorizes the receipt of a day book in evidence as to goods sold and delivered, after the year. But a presumed necessity, inferred from our peculiar local situation and the nature of trade amongst us, gave rise to the custom, and justified a deviation from the general rules of evidence in this particular. 2 Equ. Ca. Abr. 409. It may be said, that the agent…
2Cited by4 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Britton's AppealSupreme Court of Pennsylvania · 1863
- Leving v. WillSupreme Court of the United States · 1789