Conklin v. Stamler

By the Court.—Brady, J.

The only proof made in the court below, was that the plaintiff had no clerk or book-keeper, and that persons dealing with him had settled with him by his books. There is no evidence either that the defendant dealt with him, or of the delivery of any one of the articles named in the bill of items. The courts have required, in similar cases, that a foundation should be laid for the introduction of this kind of evidence, which consists of proof that the plaintiff had no clerk; that some of the articles charged have been delivered ; that the books produced are the…