Faxon v. Hollis

A tradesman’s book of accounts, verified by his own oath, was received in evidence, although kept in the leger form, and although it appeared, from his own showing, that he first made the charges upon a slate, and, after transferring them to his book, rubbed them oif from the slate, f [ t As to the admissibility of the party’s own books, and his own entries, see Green-on Evidence, pp. 137-143, and notes. — Ed.]

Assumpsit for work and labor. Trial upon the general issue, at the last February term in this county, before Putnam, J. The plaintiff was a blacksmith, and he offered an account-book in evidence, as his original entry, to prove his account. From inspection, it appeared to be in the leger form ; and the plaintiff stated that he kept a slate in his shop, on which he set down all his charges as they accrued, and that he was in - the habit of transcribing the entries from the slate into the book which he then offered in evidence ; and, after that was done, to rub out the charges on the slate and begin anew. In respect to the charges in this action against the defendant, the plaintiff proceeded in *bis usual manner ; and he testified, that the charges were all made upon the slate at the respective dates, and were truly transcribed into the said book, and afterwards rubbed off from the slate. The defendant objected to the admission of this book as an original entry, on the ground, that it appeared, from the plaintiff’s own showing, that the first entries were made on a slate and rubbed out; but the book was admitted. The plaintiff produced witnesses, to prove the price of the labor, &c., contained in his account. The jury returned their verdict for the plaintiff; which was to be set aside, and a new trial granted, if the book ought to have beer rejected ; otherwise, judgment was to be rendered on the verdict.