Holbrook v. Gay
Massachusetts Supreme Judicial Court
This was an action of assumpsit to recover the amount of an account annexed to the writ. The defendant, who appeared by guardian, pleaded the general issue, and relied in defence on a set-off filed in the case.
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This was an action of assumpsit to recover the amount of an account annexed to the writ. The defendant, who appeared by guardian, pleaded the general issue, and relied in defence on a set-off filed in the case. At the trial, before Byington, J., in the court of common pleas, it appeared that the defendant had become insane since the charges contained in the set-off had accrued; that a guardian had been duly appointed, who appeared and was admitted to defend the action; and that the defendant was insane at the time of the trial. For the purpose of proving the set-off, a book was produced and…
1Opinion of the CourtDewey, J.
The books of a party, accompanied by his suppletory oath, are legal evidence to prove charges appropriately the subject of book charge. So if the party is dead, his books may be offered by the executor or administrator, accompanied by the proper statement, under oath, of the party offering them. 1 Greenl. Ev. § 119, and notes; Dodge v. Morse, 3 N. H. 232. The further inquiry is, whether the like use may be made of the account-books of one, who has since making the charges become insane, and whose guardian offers them in evidence.
We perceive no difference in principle in the two cases, at the…
2Cited by13 opinions
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- Moskow v. FineMassachusetts Supreme Judicial Court · 1935
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