Power v. Root

New York Court of Common Pleas

Power v. Root

3 E.D. Smith 70

DecidedApril 15, 1854

StatusPublished

This text of 3 E.D. Smith 70 (Power v. Root) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Power v. Root, 3 E.D. Smith 70 (N.Y. Super. Ct. 1854).

Pincite

Opinion

By the Court. Woodruff, J.

The conduct of the defendant, when the bill of the plaintiff was presented to him for payment, in striking out the charge for a silk velvet coat with red ink, and writing-thereunder “Never got if, A. Root,” warranted the inference that he did receive the other two articles; and if so he was liable to pay. for them.

The witness, although he had never seen the defendant before [71]*71he presented the bill, identifies him. as the defendant in the cause, and whom he had seen conferring with his counsel in court.

The judgment should be affirmed.

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By the Court. Woodruff, J.

The conduct of the defendant, when the bill of the plaintiff was presented to him for payment, in striking out the charge for a silk velvet coat with red ink, and writing-thereunder “Never got if, A. Root,” warranted the inference that he did receive the other two articles; and if so he was liable to pay. for them.

The witness, although he had never seen the defendant before [71]*71he presented the bill, identifies him. as the defendant in the cause, and whom he had seen conferring with his counsel in court.

The judgment should be affirmed.

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Bluebook (online)

3 E.D. Smith 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/power-v-root-nyctcompl-1854.