Stroud v. Tilton
New York Court of Appeals
William Stroud sued David Tilton, in the supreme court, to recover, among other things, a balance for work and materials. Plaintiff was an iron-founder and machinist; and the work was the making and repairing of guns. On the trial, plaintiff, who kept regular books of account, the correctness of which he proved by those who had dealt and settled with him by them, offered his books in evidence.
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William Stroud sued David Tilton, in the supreme court, to recover, among other things, a balance for work and materials. Plaintiff was an iron-founder and machinist; and the work was the making and repairing of guns. On the trial, plaintiff, who kept regular books of account, the correctness of which he proved by those who had dealt and settled with him by them, offered his books in evidence. The method of keeping the books was shown to be as follows: the entries in question were in the handwriting of plaintiff^ son, his book-keeper, who died before the trial. The work done was entered each…
1Opinion of the Court
By the Court.
Porter, J.
The books of the plaintiff
were properly received in evidence. It wás proved that the entries were made in the usual course of business, and that the clerk who made them was dead. The general correctness of the books was shown by those who had dealt with the plaintiff ; and the accuracy of the charges in question was verified by his own oath. Part of the property had been delivered to the defendant, and the entire work was done under the supervision of his agent. No further proof was necessary to justify the introduction of the books. Merrill v. Ithaca & Oswego R. R.…
2Cases cited4 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Sickles v. MatherNew York Supreme Court · 1838
- Tomlinson v. BorstNew York Supreme Court · 1859
- Davison v. PowellNew York Supreme Court · 1858
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- Gilbert v. SageNew York Supreme Court · 1871
- Burke v. WolfeThe Superior Court of New York City · 1874