Riche v. Broadfield

by Supreme Court of the United States

April Term, 1768.

 

William Allen, Chief Justice.
John Lawrence,	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$ Justices.
Thomas Willing,

Riche and Richards versus Broadfield.

An Account of Sales of an Adventure shipt to New-York, said to be signed by the Factor, offered in evidence to prove a loss on the Goods. Objected, that the Factor himself ought to have been brought to give evidence, viva voce, or at least the account should have been proved by him, and certified under the City Seal of New-York, agreeably, to the directions of the act of parliament with reward to the proving Colony debts in England.–Answered, That this being a Mercantile Transaction, such Evidence as Merchants ususally admit as prooss of a foreign Transaction, should be received here. By the Court.–The strict Rules of Law with regard to Evidence ought not to be extended to Mercantile Transactions. In this Case, on proving the hand Writing of the Factor, let the Account of Sales be given in Evidences; which was accordingly done.