Jones v. Brick

Supreme Court of New Jersey

Jones v. Brick

8 N.J.L. 332

Supreme Court of New Jersey·Decided February 15, 1826·Published

Opinion

By the Court.—One

of the items of the state of demand is “ To cash paid John Young, $ 10 ”—and the only evidence, as appears by the justice’s return, produced in support of it, was the book of accounts of the plaintiff below, first duly proved.- A mere entry in a book of accounts unexplained and unsupported by any other evidence is not legal and sufficient to sustain a charge for cash paid to a third person not one of the parties in the suit, nor shewn to be in anywise connected with them. Tenbroke and Chapman v. Johnson, Coxe 288; Townly v. Wooly and another, ibid, 377. In Sykes v. Stokes, 1 South. 204, the question turned on the-sufficiency of the state of demand. Without expressing any opinion on the other reasons argued,

Let the-judgment be reversed.

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By the Court.—One

of the items of the state of demand is “ To cash paid John Young, $ 10 ”—and the only evidence, as appears by the justice’s return, produced in support of it, was the book of accounts of the plaintiff below, first duly proved.- A mere entry in a book of accounts unexplained and unsupported by any other evidence is not legal and sufficient to sustain a charge for cash paid to a third person not one of the parties in the suit, nor shewn to be in anywise connected with them. Tenbroke and Chapman v. Johnson, Coxe 288; Townly v. Wooly and another, ibid, 377. In Sykes v. Stokes, 1 South. 204, the question turned on the-sufficiency of the state of demand. Without expressing any opinion on the other reasons argued,

Let the-judgment be reversed.

Jones v. Brick, 8 N.J.L. 332 (N.J. 1826).

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