Smith v. Chicago Portrait Co.
Smith v. Chicago Portrait Co.
Opinion of the Court
delivered the opinion of the court.
The appellee is a corporation engaged in the business of enlarging photographs, selling of picture frames, etc. Some time since it employed John W. Maddox as one of its district managers, who executed to it a bond, with the appellants as sureties thereon, to insure the faithful performance of his duties as district manager and the payment to appellee of any money which might come into his possession by virtue of his employment.
The appellant’s objection to the introduction of this statement of Maddox’s account should have been sustained. Moody v. Roberts & Co., 41 Miss. 74; Pipes v. Norton, 47 Miss 61. And, because it was not, the judgment of the court below must be and is hereby reversed and the cause remanded. We decide no other question claimed by the appellants to be presented by this record.
Reversed and remanded.
Reference
- Status
- Published
- Syllabus
- 1. Evidence. Secondary evidence. Statement of account. Copies of accounts, proved by witnesses to be correctly transcribed from- the boohs are not admissible in evidence even though the books are shown to have been correctly kept. 2. Same. In a suit by an employer' on a bond guaranteeing the faithful performance of an employee’s duties, an itemized statement of the employee’s account, testified by another employee who kept the books, as being a correct copy of the books, is not admissible in evidence although the books were correctly kept.