Ohio Court of Appeals, 1926

Independence Nurseries Co. v. Pakeltis

Independence Nurseries Co. v. Pakeltis
Ohio Court of Appeals · Decided March 1, 1926 · Vickery
4 Ohio Law. Abs. 647; 1926 Ohio Misc. LEXIS 966

Independence Nurseries Co. v. Pakeltis

Opinion of the Court

VICKERY, J.

Independence Nurseries Co. brought this action in Cleveland Municipal Court on a book account against S. Pakeltis. At the trial the president of the company was called as witness and an attempt was made to introduce into evidence the account book in which this amount was entered, which hook was in charge of the person testifying, altho not kept in his handwriting.

Objection was made to the introduction of this book, and the court sustained this objection. Error was prosecuted to the Court; of Appeals which held:

1. The subject matter of the accounts was a proper matter to he kept in the book accounts.
2. Where the account sued upon is properly entered in an account book, such book is admissible in evidence.

Judgment reversea and cause remanded for new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.