Cummings v. Nichols
Superior Court of New Hampshire
Assumpsit, upon an account annexed to the writ. The defendant had instituted an action against the plaintiff, founded on his account, and by agreement of the parties both actions were submitted to the jury at the same time. Upon the trial, the plaintiff offered his hook of accounts, with his oath, in support of the charges in the account. The book contained, among other charges, or memoranda, the following: June, the —, 1840, begun to work for Ben.
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Assumpsit, upon an account annexed to the writ. The defendant had instituted an action against the plaintiff, founded on his account, and by agreement of the parties both actions were submitted to the jury at the same time. Upon the trial, the plaintiff offered his hook of accounts, with his oath, in support of the charges in the account. The book contained, among other charges, or memoranda, the following: June, the —, 1840, begun to work for Ben. Nichols, and worked three months. June. Nine days & half to John Balls, 9.50. Thirty nine days hoeing and getting grain, 39.00. Fourteen days on…
1Opinion of the CourtParker, C. J.
There is no particular form in which the book of a party must be kept, in order to its admission as evidence, in support of his account. But it must be kept in such a mode as to show, of itself, a charge against the adverse party, and the nature of that charge, so that the book, in connection with the parly’s oath that the book is his original book of entries, that the charges are in his hand-writing, that they were made at the time they purport to have been made, and at or near the times of the delivery of the articles, or the performance of the services, will show the nature of the claim,…
2Cases cited1 opinion
- Bassett v. SpoffordSuperior Court of New Hampshire · 1840
3Cited by1 opinion
- Pecker v. HoitSuperior Court of New Hampshire · 1844