Beliveau v. John B. Varick Co.

The defendants’ agent, who was called by the plaintiff as a witness, testified in substance that they were accustomed to keep the pass-book, in which they kept a record of the guns they let, only a short time after they had served their purpose, — that is, after the guns had been returned, — and that it was impossible when they first learned of the plaintiff’s claim to ascertain which one of their clerks waited on these boys.

Defendants’ counsel in closing asked the jury to make some allowances for them because they had not shown what transpired at the time they let these boys have the guns…