Corning v. Ashley
New York Supreme Court
• Error to the Onondaga common pleas, to review a judgment of that court affirming one rendered by a justice of the peace, against Corning, the plaintiff in error. The action was assumpsit for a bedstead and stand, alleged to have been sold by the plaintiffs to the defendant.
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• Error to the Onondaga common pleas, to review a judgment of that court affirming one rendered by a justice of the peace, against Corning, the plaintiff in error. The action was assumpsit for a bedstead and stand, alleged to have been sold by the plaintiffs to the defendant. It appeared that the plaintiffs were cabinet-makers, and that a few months before the trial, their apprentice had delivered these articles at a house in which it was said the defendant lived, and was told by some ladies whom he found there, to call upon the defendant for payment. It did not appear what relation these…
1Opinion of the Court
By the Court, Beardsley, J.
The proof that the plaintiffs kept correct accounts was satisfactory, and not the slightest suspicion was in any way thrown upon their books. But they were objected to as evidence in the cause ; and I am compelled to hold that this was not a case in which these books could be looked into as evidence of a sale, or of the value of the articles claimed to have been sold. But one transaction was in question, although two pieces of furniture were alleged to have been bought by the defendant. They were both, however, delivered at the same time; and there is no room to…
2Cases cited1 opinion
- Vosburgh v. ThayerNew York Supreme Court · 1815
3Cited by4 opinions
- Taggart v. FoxNew York Court of Common Pleas · 1882
- Collins v. RockwoodNew York Supreme Court · 1882
- State v. SmallsSupreme Court of South Carolina · 1878
- Cummings v. FisherNew York Supreme Court · 1808