Eastman v. Moulton
Superior Court of New Hampshire
Assumpsit. The defendant pleaded the general issue, and filed, by way of set-off, an account, one item of which was a charge of 1109 yards of cloth, and another item a charge of 187 yards of cloth.
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Assumpsit. The defendant pleaded the general issue, and filed, by way of set-off, an account, one item of which was a charge of 1109 yards of cloth, and another item a charge of 187 yards of cloth. The cause was tried here at February term, 1824. To prove his set-off, the defendant offered in evidence his book of accounts, accompanied with his own oath, that the book offered contained the original entries of the articles mentioned in his set-off ; that the entries were made at the times they purported to be made, and at or near the time when the respective articles were delivered. He was then…
1Opinion of the CourtRichardson, C. J.
It has long been the settled practice in this state, to per-init the account books of a party, supported by his supplementary.oath, to go to the jury, as evidence of the delivery of articles sold, and of the performance of work and labor. But as this is in truth the admission of a party to be a witness in his own cause, the practice is confined to cases, where it may be presumed there is no better evidence, and has many limitations.
In the first place, it must appear, that the charges are in the hand writing of the party, who is sworn ; because, if the charges are in the hand writing of a…
2Cited by3 opinions
- McIlvaine v. WilkinsSuperior Court of New Hampshire · 1841
- Woodes v. DennettSuperior Court of New Hampshire · 1842
- Webster v. ClarkSuperior Court of New Hampshire · 1855