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1788.

KELLY verʃus ORD et al.

I

NDEBITATUS ASSUMPSIT for goods, to wit, 16 Hogfheads of Rum, fold and delivered.–The Plaintiff by his books, and oath of his Clerk, proved the fale to the Defendant.

The Defendants gave in evidence, that a certain George Henry was two thirds owner of the cargo of which this Rum was a part ; and, in order to prove that the Rum was purchafed of George Henry, that he had made a charge in Henry's books, by the direction of Henry, of the fale of the Rum to the Defendants.

To this, it was objected, that the books of Henry fhould be produced to fhew the entry ; and that, otherwife, the evidence of the Clerk to the contents of the books ought not to be admitted.

And of this opinion was the court ; but, at the requeft of the counfel for the Defendants, they referved the point.