Grant v. Dreyfus

Appeal.—Verdict by a Jury on an Issue as to Whether an account-book on which plaintiff based his claim was one of original entry or a fraudulent fabrication is one of fact, and the verdict of a jury thereon will not be disturbed.

Contract.—A Newspaper Notice by a Keeper of a Pasture that he wanted every horse taken out as soon as possible, and, if not, the owner would be charged a certain amount per day, is sufficient to charge one who read the notice with the terms thereof, as under an implied contract.

A Witness may be Asked to Examine His Account-book to see whether it contains a statement of certain items, the entries having been made by another under his direction, as such testimony is not from memory refreshed by the book.

Evidence.—Where a Party was Notified to Produce a Letter sent him, a longhand copy thereof, shown to be such, is admissible, although not a fae-simile.

Leases.—In an Action by a Lessee on an Account for Pasturing stock belonging to lessor’s son, evidence of the removal from the premises and sale by him of certain materials, which evidence related to the breach of a covenant of the lease, was inadmissible, there being no issue concerning any breach.

Appeal.—Where the Evidence as to Later Items in an Account not claimed to be barred by limitation justified a verdict for the amount rendered, the question whether earlier items were barred will not be considered.

Trial—Instructions.—Plaintiff, Being Under Contract to Pasture defendant’s stock, for an indeterminate period, notified him to remove his horses, or he would be charged a certain amount. Plaintiff’s account charged both for horses and cows, but the former charges were more than the verdict rendered in an action on the account. Held, that an instruction that defendant was notified to remove his stock, though too broad, was not injurious.

Trial—Instructions.—Under Code of Civil Procedure, section 1963, declaring a presumption that a letter duly directed and mailed was received in the regular course of mail, an instruction in the latter language is not objectionable as meaning that the jury were to accept as a fact that the letter had been received.

Lease.—Where a Lessee Denied That He Agreed Before making the lease to pasture horses belonging to the lessor’s son free in consideration of their use, and the evidence tended to show that all the conditions of the lease were entered into prior to its execution, in an action by the lessee for pasturage, an instruction that an agreement reduced to writing is conclusively presumed to contain all its terms, in the absence of fraud or mistake, was applicable.