Webster v. San Pedro Lumber Co.

Citations

• 101 Cal. 326
• 35 P. 871
• 1894 Cal. LEXIS 1035

Syllabus

<p>Documentary Evidence—Discretion of Trial Judge—Preliminary Proof.—Where preliminary proof is necessary to the introduction of any kind of documentary evidence, the sufficiency of such proof is to be determined in the first instance by the trial judge; and his determination of the matter will not be disturbed unless there has been an abuse of discretion.</p> <p>Id.—Enforcement of Trust—Account Books—Proof of Correctness.— In an action to enforce a trust against a lumber company for moneys alleged to have been deposited with it, the court may admit in evidence the account books of the defendant, where the objection to their introduction is not upon the ground that the books were not competent evidence, but upon the ground that the preliminary proof of their correctness was not sufficient, if there was sufficient preliminary evidence of their correctness to warrant the court in admitting them in evidence, although it afterwards appeared that one of the chief bookkeepers of the company had made manipulations of the cash book for the purpose of defrauding the company and embezzling some of its funds, which could not have the effect to reverse the ruling of the court, there being sufficient evidence as to the correctness of the books so far as the accounts and rights of those dealing with the company were concerned.</p>