New York Court of Appeals May 15, 1900 (Smith v. . Smith)

Gray, J.

The plaintiff sought to recover a balance due for coal sold and delivered by him to the defendant. He

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recovered judgment, upon a trial before a referee, and that judgment has been unanimously affirmed by the Appellate Division. Upon his appeal to this court, the defendant assigns as error a ruling of the referee, under which the plaintiff’s books of account were admitted in evidence.