Riche and Richards v. Broadfield

APRIL TERM, 1768. William Allen, Chief Justice, John Lawrence and Thomas Willing, Justices. Riche and Richards v. Broadfield. Evidence. An account of sales of an adventure shipped 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, vivd voce, or, at least, the account should have been proved by him, and certified under the city seal of New York, agreeable to the directions of the act of parliament with regard to the proving colony debts in England. Answered, That this being a mercantile transaction, such evidence as merchants usually admit as proofs of a foreign transaction, should be received here. [MAJORITY — *By the Court.] *By the Court. The strict rules of law with regard to ev idenee ought not to be extended to mercantile transactions, In this case, on proving the handwriting of the factor, let the account of sales he given in evidence ; which was accordingly done. s. p. Arnold v. Anderson, 1 Yeates 94.