Carroll v. Storck

Citations

• 57 Cal. 366

Syllabus

<p>Evidence—Hearsay — Books of Account.— The plaintiff, as a witness, having before him one of his books of account open at the account of the defendant, testified that he sold and delivered certain goods to defendant; but on cross-examination it appeared that he did not sell or deliver the goods in person; held—the testimony having been objected to as hearsay— that the witness manifestly only read from the book, or stated the substance of the account as it therein appeared; that, strictly, this was objectionable as a mode of proving the contents of the writing; but that the account itself being in evidence, the error was immaterial.</p>