Smith v. Sanford
Massachusetts Supreme Judicial Court
Assumpsit by two copartners in the business of victuallers and butchers in the town of Troy, to recover the sum due on an account for butcher’s meat supplied to the defendant from January 1828 to December 1829. At the trial, before Shaw C. J., the plaintiffs were sworn to make true answers, and thereupon they offered certain books, which they testified to be books of original entries, the whole of the charges in which, so far as they regarded the account with the defendant,…
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Assumpsit by two copartners in the business of victuallers and butchers in the town of Troy, to recover the sum due on an account for butcher’s meat supplied to the defendant from January 1828 to December 1829. At the trial, before Shaw C. J., the plaintiffs were sworn to make true answers, and thereupon they offered certain books, which they testified to be books of original entries, the whole of the charges in which, so far as they regarded the account with the defendant, were made by one of themselves. They also testified, that at certain seasons of the year it was their custom to carry…
1Opinion of the Court
Putnam J.
delivered the opinion’ of the Court. We do not think that the case at bar differs in principle from Faxon v. Hollis, 13 Mass. R. 428. There the plaintiff made his original entries upon a slate, and rubbed them out when they were by him transferred into the book which was offered in evidence and which was kept in a leger form. In the case. *145at bar there are two plaintiffs, and they testify that the original entries were made upon their cart, in chalk scores, by the one who delivered the meat to their customers, and were transferred to the book by the other on the same day. The‘scores,…
2Cases cited3 opinions
- Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
- Forsythe v. NorcrossSupreme Court of Pennsylvania · 1836
- Patton v. RyanSupreme Court of Pennsylvania · 1834