Finley v. Armstrong

Citations

• 117 Miss. 289
• 78 So. 177

Syllabus

<p>1. EvideNoe. Gash items. Boohs as evidence.</p> <p>Cash items entered in the regular course of business are properly chargeable upon the boohs of accounts and such hooks are evidence to establish such charges made in the regular course of business.</p> <p>2. Witnesses. Refreshing memory. Boohs of account.</p> <p>A bookkeeper testifying as to the correctness of an account has the right to look at the items on his books and if after doing so he can state from memory what the items consisted of, and what was the agreed price, or fair market price, he shall be permitted to do so.</p> <p>3. Evidence. Proof of cash items.</p> <p>In establishing the correctness of an account, it is competent to prove the cash items thereon by witnesses independently of the books, and of the way in which1 they appeared on the account.</p> <p>4. Pleading. Amendment. Account.</p> <p>Where in a suit upon an open account some of the items embraced in the account had the name and quantity of the article charged, but not the price at which it was sold, the plaintiff should have been permitted to amend by inserting the amount.</p> <p>5. Evidence. Account.</p> <p>Where in a suit upon open account the cash items paid for defendant to laborers, were charged under the name of the laborers in a gross sum, plaintiff should be allowed to introduce itemized accounts and to prove by independent evidence that such items were paid at defendant’s request.</p>