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1 Seld. Notes 37

Harris v. Ely

New York Court of Appeals

Decided December 30, 1852

New York Court of Appeals · decided 1852-12-30

<p> Parties as witnesses ; account of sales. </p>

Decided 1852-12-30

¶1A pabty is competent to prove the absence from the state of a witness whose testimony has been taken conditionally.

¶2An account of sales transmitted by a factor or commission merchant to his principal, if not returned or objected to within a reasonable time, is competent evidence against the party receiving it, in an action by the factor to recover a balance of advances and commissions beyond the proceeds of the sales. What is a reasonable time for the examination of such account depends upon the usual course of business, and the particular circumstances of each case.

¶3The price of produce in a particular market cannot be proved by a witness residing at a distance from that market, and who derives his knowledge from an examination of the prices current published in the newspapers.

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