Robertson v. O'Neill

Citations

• 67 Wash. 121
• 120 P. 884
• 1912 Wash. LEXIS 1130

Syllabus

<p>Evidence — Documentary Evidence — Account Books. In an action on open account by one employed by defendant’s decedent as a timekeeper and bookkeeper, plaintiff’s journal entries of the items charged at varying intervals, seemingly made in the usual course of business, are admissible in evidence, where the deceased frequently examined and checked the books, and slept in the office where they were kept during the times in question; and they are not rendered incompetent by the fact that some of the items were of money advanced by the plaintiff.</p> <p>Same —- Account Books — Erasures. An objection to account books on account of erasures goes to the weight and not to the competency of the evidence.</p> <p>Witnesses — Competency—Transaction With Deceased. In an action on open account against defendant’s decedent, it is incompetent, under Rem. & Bal. Code, § 1211, excluding evidence of transactions with the deceased, for plaintiff to testify that the deceased checked over the account and approved it.</p> <p>Same — Transactions With Deceased — Waiver of Objections. Objections to evidence of the adverse party as to transactions with the defendant’s decedent are waived where the defendant, after objection, extended the cross-examination beyond the scope of the testimony in chief, introduced evidence on the subject, and called such adverse party as a witness and sought to use his testimony to the extent that it might he beneficial in defeating his claim or establishing a claim in favor of the estate.</p> <p>Evidence — Relevancy — Collateral Matters — Actions Against Deceased — Circumstantial Evidence. In an action on open account by a bookkeeper and timekeeper, employed by defendant’s decedent on contract work, in which plaintiff seeks recovery for moneys advanced to the deceased in addition to wages, it is error to exclude evidence offered by the defendant to show that the contract was a profitable one on which there was a large sum due the deceased at the time of his dea