Public-domain · open source
OpenJurist

2 Miles 269

Thompson v. Bullock

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-09-29

ON the trial of this cause, the verdict was for the plaintiff, and this was a motion for a new trial. The action was in assumpsit for goods sold and delivered. The plaintiff (a druggist,) offered his book of original entries in evidence.

Decided 1838-09-29

Per Curiam.—

¶1The necessity of trade is the reason for the practice of allowing the book of original entries, authenticated by the plaintiff's own oath, to be read, which is an anomaly in the law of evidence. There is no necessity however, that the plaintiff should be allowed to make the charge or entry, or to commence it before the contract of sale is consummated by the delivery of the article, and sound policy requires that he should not be allowed to do so. The date in the book applies to the delivery as well as the sale. In this case, the tick only designates the delivery and that is not only without date, but in point of fact was made at a different date, though unascertained, from that on which the contract of sale was made.

¶2Rule absolute.

/2/miles/269 · .json · Public domain