19 N.Y.S. 260 | N.Y. Sup. Ct. | 1892
The plaintiff’s claim was for professional services alleged to. have been rendered defendants’ intestate between June 22,1888, and January 22, 1889, amounting to $500. The referee to whom the claim was referred found in favor of the plaintiff in the sum of $440, and from the judgment-entered upon the referee’s report this appeal is taken. The question presented is whether the conclusion reached by the referee was founded upon any sufficient and competent evidence. The burden was upon the plaintiff of showing employment, professional services, and the extent and value thereof. To. establish these the only evidence offered by plaintiff was his books of account and the testimony of one A. S. Differ. What is necessary to be established ordinarily before books are admissible in evidence has been clearly stated in. Vosburgh v. Thayer, 12 Johns. 461, which has been frequently referred to and followed. Where, as here, however, it is proposed to introduce a book of account, as against the representatives of a deceased party, the additional fact-must be kept in mind that section 829 of the Code of Civil Procedure prohibits-