eBook details
- Title: Francis Martin, Administrator of Dennis T. Donovan, Deceased, Plaintiff in Error v. Christian Imhsen
- Author : United States Supreme Court
- Release Date : January 01, 1858
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Donovan was defendant below in an action for a balance of accounts claimed as due by him to the firm of Owen & Ihmsen. This claim had been transferred by that firm to one Frederic Lorenz, and, after his death, transferred to Ihmsen, the plaintiff below. The cause was tried, by consent of parties, without the intervention of a jury; consequently, the exceptions to the admission of testimony are irregular, and need not be particularly noticed. Besides, we can see no good ground of objection to the evidence of confessions and admissions of a party, consisting of accounts rendered in a former controversy on the same subject, before arbitrators. The award itself was not received by the court as evidence of the amount of debt due, because it had been set aside for some irregularity.