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" A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at... "
Notes of the Commissioners to the Code of Evidence Reported to the ... - Page 11
by New York (State) - 1889 - 53 pages
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 8

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1860 - 600 pages
...permanent evidence : they are not regarded as original entries. Charges made in books, as these were, in the regular course of business, at or near the time of the transaction, are considered to be original entries : Sickles v. Mather, 20 Wend. 72; 1 Smith's Lead. Cos. 282, JAOXBON...
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Albany Law Journal, Volume 7

1873 - 532 pages
...memorandum made by the witness is not evidence of its contents, unless it be proved to have been made at or near the time of the transaction to which it relates, that it was true, and that the person making it cannot, after reading it, recall the transaction to...
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The Pacific Reporter, Volume 124

1912 - 1164 pages
...provisions of the statute that entries in books intended as records of payments and similar matters, made in the regular course of business, at or near the time of the transaction, shall be admissible in evidence on proof that they were so made, the fact that a corporation made certain...
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Business Law for Business Men and Students

Burritt Hamilton - 1900 - 352 pages
...force of an account book as evidence comes from the fact that it comprises consecutive entries, made in the regular course of business, at or near the time of the transaction. The necessity of account books as evidence, arises from the inability of the average human memory to...
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The Brief: A Quarterly Magazine of the Law, Volume 4

1903 - 552 pages
...requires that the entry should be against the deceased's interest when made. Brennan v. Hall, 131 NY 160. 45. If an entry has been copied in the regular course...party are relevant in his favor when he has shown : ( i ) That some of the articles charged have been delivered, or that some of the services have been...
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The Pacific Reporter, Volume 104

1910 - 1180 pages
...EVIDENCE (§ 376*)— ENTRIES IN OSDINABY COUBSE OF BUSINESS. Entries in books made in the ordinary course of business at or near the time of the transaction to which they relate, when it is made to appear by the oath of the person who made them that they are correct,...
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A Digest of the Law of Evidence: With Additional Text, Notes and ...

Sir James Fitzjames Stephen - 1918 - 1032 pages
...COURSE OF BUSINESS OR PROFESSIONAL DUTY. Admissibllity In General. Entries in books made in the ordinary course of business at or near the time of the transaction to which they relate, upon proof of the handwriting of the person who made such entries, in case of his death...
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A Treatise on Pleading and Practice in Courts of Record in Civil ..., Volume 2

Arthur B. Honnold - 1922 - 1046 pages
...Missouri, K. & T. Ry. Co. v. Walker, 113 P. 907, 27 Okl. 849. Entries in a book made In the ordinary course of business at or near the time of the transaction to which relating, when sworn to be correct by the person making them, are admissible, but when not verified...
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Carryover Basis Provisions: Hearing Before the Committee on Ways and Means ...

United States. Congress. House. Committee on Ways and Means - 1980 - 364 pages
...available as a witness. Yet, it is normally required that the records consist of a series of entries made in the "regular course of business," "at or near the time of the transaction," and that there must have been no "motive of misrepresentation." Wigmore § 1525-7. This last condition...
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Small Business Development Center Program: Joint Hearing Before the ..., Part 2

United States. Congress. House. Committee on Small Business. Subcommittee on SBA and SBIC Authority, Minority Enterprise, and General Small Business Problems - 1984 - 572 pages
...procedure will assist in having your evidence approved as "business records" - trustworthy writings made "in the regular course of business," at or near the time of the occurrence, for which a custodian of records can attest as to their identity and mode of preparation....
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