Delamater v. Pierce
New York Supreme Court
Error to the Columbia C. P. to review a judgment of that court reversing on certiorari a judgment in favor of Delamater against Pierce, rendered before a justice of the peace. The action before the justice was assumpsit to recover $84,12, as the balance of accounts between the parties.
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Error to the Columbia C. P. to review a judgment of that court reversing on certiorari a judgment in favor of Delamater against Pierce, rendered before a justice of the peace. The action before the justice was assumpsit to recover $84,12, as the balance of accounts between the parties. The plaintiff’s account, containing items on both sides and showing the above mentioned balance to be due him, had been rendered to the defendant, who afterwards came to the plaintiff’s office and was shown the book from which it was taken, and in a conversation with the plaintiff’s clerk, said, (as the clerk…
1Opinion of the Court
By the Court, Beardsley, J.
No doubt the full statement of a party, when his confession is resorted to as evidence against him, must be received, although it does not follow that every *316part must necessarily be credited. The statement should be complete in order to make the language used intelligible, and to show clearly what the party intended to say or admit. If the entire statement, taken together, amounts to a denial of any present indebtedness, it will not, alone, warrant a recovery.
But where a party admits the existence of a particular debt, or the accuracy of certain items charged…
2Cases cited1 opinion
- Smith v. JonesNew York Supreme Court · 1818
3Cited by3 opinions
- Olmsted v. BrownNew York Supreme Court · 1852
- Detroit Electric Light & Power Co. v. ApplebaumMichigan Supreme Court · 1903
- Rouse v. WhitedNew York Supreme Court · 1857