Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 72

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 72

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... it was given to the defendant and not to the person named in the book. It may be fairly set down as settled law that in all such cases (except as to details which the third party could not be expected to remember) the liability of the defendant must be established by proof outside of the plaintiff and his books. N either is this species of evidence admissible to prove a special contract, price, rate of wages, value of goods, or other matters about which it would be reasonable to suppose that the testimony of disinterested witnesses might be procured. The decisions are also uniform in support of the doctrine stated by PARKER, C. J. in C'umm1'1z_rs v. lVichols, 13 N. H. 425, thus; "The rule does not extend so far as to authorize the use of his book by a party to curtail or defend the claims of other parties against him." Thus it cannot be shown by the defendant's entries how much time the person performing the service lost, while engaged at work for defendant. illclfewn v. Barkstlale, 2 N. & McC. 17. Nor where the plaintiff goes on his original entries, will the defendant be allowed to give in evidence his own counter entries of the same work. Summers v. flIcI'1'z'm, 12 S. &R. 405. To the same effect is 3102-se v. Potter, 4 Gray, 292. It is well said in Swift's Evidence, 81, 82; "The book ought to be kept in a fair and regular manner, and the articles truly entered at the time of the delivery, or the performance of the services, so as to be consistent with, and support the oath of the party; for the book is to be considered the essential part of the evidence and the oath of the party as supplementary to it." ' In C'ummings v. lVic/zols, ubi supra, Chief Justice PARKER epitomizes the more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236893026
  • 9781236893024