Sligo Furnace Co. v. Quinn — 169 A.D. 906

Majority

p. 906

Fourth Department,

May, 1915.

Sligo Furnace Company, Respondent, v. Thomas H. Quinn and Others, Appellants.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Cattaraugus county clerk’s office on the 23d day of March, 1914.

Without passing upon the question as to whether there was a partnership between the parties, we think the books of account from which alone the alleged partnership transactions were proved by

p. 907

means of copies or statements, were not shown to be books of the partnership. They were kept by employees of plaintiff, who were not employees of the partnership. The entries were not evidence against defendants, without proof that they correctly recorded partnership transactions. We think defendants’ exception to the admission in evidence of the statements from these books was well taken. All concurred. Judgment reversed and new trial granted, with costs to appellants to abide event.