Legal Opinion

Plumb v. Curtis

Supreme Court of Connecticut

Decided April 5, 1895PublishedCited by 65 opinions

Action upon the common counts to recover for goods, wares and. merchandise, sold and delivered, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Curtis, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court. The bill of particulars consisted of charges for goods sold, running from June, 1890, to June, 1891, with certain credits.

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Action upon the common counts to recover for goods, wares and. merchandise, sold and delivered, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Curtis, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court. The bill of particulars consisted of charges for goods sold, running from June, 1890, to June, 1891, with certain credits. The answer set up payment as to all charges made in 1890, and denied liability for those charged in 1891. The reply admitted the payment pleaded. The…

1Opinion of the CourtBaldwin, J.

There was no error in permitting the plaintiff to put his shop-books in evidence, for the purpose of proving not only that the goods therein charged to the defendant were sold and delivered, but that they were sold to the defendant. General Statutes, § 1041, provides that “in all actions for a book debt, the entries of the parties in their respective books shall be admissible in evidence.” They are admissible as tending to show the truth of the statements entered. Entries of sales to the defendant tended to prove *163fcliat such sales had been made to him. Smith v. Law, 47 Conn., 431. The…

2Cases cited9 opinions

  1. Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
  2. Insurance Co. v. WeideSupreme Court of the United States · 1871
  3. Hamlin v. . SearsNew York Court of Appeals · 1880
  4. State v. CunninghamSupreme Court of Connecticut · 1856
  5. O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860

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3Cited by65 opinions

  1. Saphir v. NeustadtSupreme Court of Connecticut · 1979
  2. Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
  3. State v. BriggsSupreme Court of Connecticut · 1979
  4. Vogel v. SylvesterSupreme Court of Connecticut · 1961
  5. State v. SebastianSupreme Court of Connecticut · 1908

60 more not listed; retrieve them via the Exa API.

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