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21 N.Y.S. 178

Horton v. Wood

New York Supreme Court

Decided December 12, 1892

New York Supreme Court · decided 1892-12-12

Action by James B. Horton against William H. S. Wood for personal services. From a judgment for plaintiff entered on a verdict, and from an order denying a motion to set aside the verdict and for a new trial, defendant appeals. Affirmed. Plaintiff was employed as a book canvasser by George S. Plummer, who was then in charge of the subscription book department of defendant’s publishing house, and who died before the trial of the case.

Decided 1892-12-12

PRATT, J.

¶1The verdict was not contrary to the evidence. The letters of plaintiff, upon which defendant relies, are entirely consistent with plaintiff’s evidence. We think they might be said to corroborate it so far as to show it is not an- afterthought, but that he frankly stated his views when the dispute first arose in the same manner that he states them now. The exception to the exclusion of Plummer’s statement cannot be sustained. Entries in books of accounts are sometimes admitted, as are records kept bv public officers after the death of those by whom they were made. Bui no authority is cited to show that a written statement of the facts in a disputed cause can be proved after the death of the writer Simply because entered in .a book.

¶2Judgment affirmed.- All concur.

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