Ingersoll v. Banister

Citations

• 41 Ill. 388

Syllabus

<p>Accounts — hooks as evidence. Where an agent sold the grain of his principal to a merchant on time, and before it was paid, the agent and merchant became partners, and this debt was taken into account by them, the principal would not thereby have an action against the firm, and an arrangement on the dissolution of the partnership that the agent should pay for the grain, did not render him the debtor of his principal, or prevent him from recovering for the grain of the purchaser. And it was error to admit the firm books in a suit by the owner of the grain against the purchaser, to prove that it was agreed the agent should pay him. They were not evidence to bind the owner of the grain. Account books are not admissible as evidence until it is proved that they are the books of original entry, that persons had settled by and found them correct, that some of the items charged had been delivered, that the trader had no clerk when the entry was made.</p>