Butler v. Beech

Citations

• 55 Cal. 28

Syllabus

<p>Evidence — Account Books — Allegations — Bindings — Conflict of Evidence.—In an action for a settlement of partnership accounts, a statement of accounts between the partners, made by an expert in book-keeping, was offered in evidence by the plaintiff, and it appeared by the testimony of the witness, that the books had been altered by him by the direction of the plaintiff after the dissolution. Held, that if this had been the only evidence of the correctness of the statement, it would have been inadmissible in evidence; for the plaintiff had no right to alter the books, and then use them as evidence in support of his case; but held, further—there being sufficient evid ence aliunde to show the correctness of the date from which the statement was made—that it was properly admitted; and held, further—the evidence being conflicting on the point—that the findings would not be disturbed.</p> <p>Bindings.—The findings in the case discussed, and held not to be open to th e objection that the findings of fact and conclusions of law are not separately stated.</p>