Legal Opinion

Molony v. Benners

Supreme Court of Pennsylvania

Decided January 13, 1859PublishedCited by 1 opinion

Error to the District Court of Philadelphia. Assumpsit.

1Opinion of the Court

The opinion of the court was delivered

by Strong, J.

There is no substantial difference between this *234case and Koch v. Howell, 6 W. & S. 350. Books of original entries are admissible to prove work done, or a sale and delivery of goods, from the necessities of trade, and on the principle that the entries are part of the “ res gestee.” Such they are when made contemporaneously with the sale and delivery, or the work performed' being a brief statement of the transaction. They are not evidence of the delivery of goods sold alone, but also of the sale and prices. The general rule is that they must…

2Cases cited2 opinions

  1. Koch v. HowellSupreme Court of Pennsylvania · 1843
  2. Keim v. RushSupreme Court of Pennsylvania · 1843

3Cited by1 opinion

  1. Baker's EstatePennsylvania Orphans' Court, Lancaster County · 1942

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