Harris v. Ely

New York Court of Appeals
Harris v. Ely, 1 Seld. Notes 37 (N.Y. 1852)

Harris v. Ely

Opinion of the Court

A pabty is competent to prove the absence from the state of a witness whose testimony has been taken conditionally.

An account of sales transmitted by a factor or commission merchant to his principal, if not returned or objected to within a reasonable time, is competent evidence against the party receiving it, in an action by the factor to recover a balance of advances and commissions beyond the proceeds of the sales. What is a reasonable time for the examination of such account depends upon the usual course of business, and the particular circumstances of each case.

The price of produce in a particular market cannot be proved by a witness residing at a distance from that market, and who derives his knowledge from an examination of the prices current published in the newspapers.

Reference

Full Case Name
Allen Harris and others against Hervey Ely, &c.
Status
Published