Page:United States Reports, Volume 1.djvu/96

 

SUPREME COURT of Pennʃylvania.

September Term, 1784.

N this caufe, the defendant's offered in evidence an entry made in the books of the teftator, of money paid in difcharge of a promiffory note. This was acknowledge to be the original entry ; but there was no proof by whom it was made, or, whether the perfon who made it was dead, or alive.

Let it be rad to the jury ; not as evidence that the defendant had paid the note, but merely that fuch an entry was made nineteenth years ago, of the payment of a note of twenty-three years ftanding ; and to fupport the general prefumption of payment after fuch a length of time. Nor is this to be drawn into precedent ; for our allowance of the evidence is founded on the particular circumftances of this cafe.

To prove another point in the fame caufe, a book was offered, in the form of a ledger, containing, in from inftances, referrences to a wafte-book.– Notwithftanding this, it was infifted, on the one hand, to be an original, and not a tranfscript ; but denied on the other ; and the perfon, who, it was faid, could prove it, was incapable of attending on account of ficknefs.

ordered the book to be read ; leaving it to the jury to determine, on the face of it, whether it was an original or a tranfscript ; and directing them in the latter cafe, to pay no regard to it. RESPUBLICA