Ladd & Bush v. Sears

Citations

• 9 Or. 244

Syllabus

<p>Evidence — Practice.</p> <p>Where the only objection made, at the trial, to the admission of books in evidence is that they “ were not books of original entry,” no other ground of objection will be considered on appeal. The party making a specific objection waives all other grounds not covered by it.</p> <p>Accounts — Books of Original Entry.</p> <p>A cash book and depositor’s balance book, belonging to a bank, shown to have been fairly and correctly kept, in which, after banking hours, each day, the various items of money deposited and drawn out during the day, are copied from “ tags ” and “ checks ” containing the proper date of the transaction, concerning each item entered at the time, or when the items so copied into the cash book are immediately, and in the regular course of business of the bank, transcribed into the depositor’s balance book, both of such books are admissible in evidence as books of original entry.</p> <p>Fraud — General Good Character.</p> <p>When the gist of the action is money had and received,.an allegation in the complaint that the defendant obtained the amount sought to be recovered by imposition and fraud, does not entitle him to introduce evidence of his general good character for honesty and integrity.</p>