15 N.H. 143 | Superior Court of New Hampshire | 1844
The books of account of a party, fortified by his supplementary oath, are admitted in evidence, in his favor, by reason of the great convenience of this mode of proof of the ordinary dealings between individuals. Woodes vs. Dennett, [12 N. H. Rep. 510.] The evidence is inferior to the oral testimony of disinterested witnesses, and at common -law is not admissible. The party may, in his discretion, waive his books altogether, and rely upon common law proof, by witnesses, or otherwise, although the books contain, evidence of the matter for which he seeks to recover.
Nor do charges upon books of account possess any of the uncontrollable qualities of a record. They are as unlike a record, in the legal sense of the word} as anything written can well be. They are simply memoranda, made by a person in the course of his business. They are evidence made by himself, and are worthy of credit, or otherwise, according to the appearances which the books present. Eastman vs. Moulton, 3 N. H. Rep. 157; Cummings vs. Nichols, [13 N. H. Rep. 420.]
The charge against Bradbury, although regularly made upon the books of the plaintiffs, was made at the request of the defend
Judgment on the verdict.