Converse v. Hobbs
Supreme Court of New Hampshire
Bill in Equity, for an accounting between the plaintiff and the defendant as copartners, and for a settlement and winding up of their partnership affairs. Two suits at law between the same parties were tried, in connection with the bill, at the same time. Facts found by a referee.
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Bill in Equity, for an accounting between the plaintiff and the defendant as copartners, and for a settlement and winding up of their partnership affairs. Two suits at law between the same parties were tried, in connection with the bill, at the same time. Facts found by a referee. To show that the defendant had accounted to the partnership for debts due the firm which he had received in goods on his private account, a private cash-book belonging to the defendant, which was unknown and inaccessible to the plaintiff, was admitted in evidence subject to exception by the defendant.
1Opinion of the CourtAllen, J.
One of- the suits is a bill in chancery for an accounting between the parties as copartners, and the referee allowed in evidence the private cash-book of the defendant, to show that he had accounted for debts due the firm and collected by him on his private account. The defendant being a witness, might, for the purpose of refreshing his recollection, refer to and read the items in his cash-book as memoranda of payments made at the time of the transactions ( Webster v. Clark, 30 N. H. 245, Putnam v. Goodall, 31 N. H. 419); and the case does not show that any use was made of the book beyond…
2Cases cited2 opinions
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Bailey v. HarveySupreme Court of New Hampshire · 1880
3Cited by1 opinion
- Flint v. KennedyU.S. Circuit Court for the District of Southern New York · 1888