Legal Opinion

Koch v. Howell

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 6 opinions

ERROR to the Common Pleas of Philadelphia county, in which an action of assumpsit on a book account was brought by Howell & Brother against Christopher Koch. The plaintiffs offered in evidence their book of original entries, in which a number of items were charged to the defendant to the amount of $41.95j: the first and last of which were as follows: 12 ps. I Parlour paper . ] 11¿ ps. 1 a 60cts.

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ERROR to the Common Pleas of Philadelphia county, in which an action of assumpsit on a book account was brought by Howell & Brother against Christopher Koch. The plaintiffs offered in evidence their book of original entries, in which a number of items were charged to the defendant to the amount of $41.95j: the first and last of which were as follows: 12 ps. I Parlour paper . ] 11¿ ps. 1 a 60cts. I $6.90 Hanging 5-f-ps. border 50 2.83§. The other items were entered in a similar way, but differing in price and quality. Their clerk proved it to be their book of original entries, and that the…

1Per curiam

These entries were made in the usual course of the business, and could not have been made in any other way consistently with it. The pieces were handed to the plaintiffs’ journeymen in the first instance, and charged in the first column to the defendant in gross. This seems to have been a memorandum to serve till the proper entries could be made; and as something remained to be done, it might have been insufficient to charge the defendant, had the matter rested there. But cast away that column, and what remains ? We have three subsequent columns; the first of them exhibiting the number of…

2Cited by6 opinions

  1. Westberg v. Chicago Lumber & Coal Co.Wisconsin Supreme Court · 1903
  2. Colorado National Bank v. BoettcherSupreme Court of Colorado · 1879
  3. Singerly v. DoerrSupreme Court of Pennsylvania · 1869
  4. Molony v. BennersSupreme Court of Pennsylvania · 1859
  5. Baker's EstatePennsylvania Orphans' Court, Lancaster County · 1942

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