Open main menu

Page:United States Reports, Volume 2.djvu/223

This page needs to be proofread.

I . Svriuzne Coeur or Pmiyjfazuiu. .2 sy I

  • 79+ 1

ydlllldly Term, I_ ‘ . ` -——%•-—- Vsnct, fnrviring partner, vu;/`ur Fautrs. ON the trial of this caufe; the plaintiff, who mis {`urviving g3,g g' partner of a Commercial Houfe cliablilhed in Dominica, ollerod, in evidence, a copy of entries in original books of the Company, fworn to be truly tranfcribed. 'l`he witnefs premif- cd, however, that the dates would, by no means, afcertain the exaél period at which the tranfaelions arofe between the parties, as the entries were not made in the Vlfalte-Book for months af; terwards. The dcfendant’s Counfel, thereupon objefted to the admillion of the evidence. 'I'he Counfel for r.l1e·-plaintiffltated, that their clients had, in fact, been engaged, during the late war, in an illicit trade with America, and that the defendant was their agent; that, there- fore, it had been necelfary to give a color to their tranfaftions, and that they had not dared to make many of the entries at the time the faéts occurred : But, it was contended; that as the de- claration of the witnefs did not go to all the items; as he does not fpecify any that are exceptionable, and as fome are unquell tionabiy proper to be laid before the ]ury, the obje&ion to the - evidence can only apply to its credibility, and not to its com·_ pctency. Br rua Cozrnr z-It does not even appear, that the Clerk, who made the entries, was inthe fcrvice of the plaintiff at the time the tranliiélions took place; not does any wimefs fubllana riatc the traniailions themlielves upon oath. We are alwayé inclined to be liberal in the admiilion of evidence upon com- mercial controverlies ; hut to ellablilh a book, or the copies of ‘ entries in a book, kept under fueh circumllances, would he giv- ing too great a latitude for deception; and, if drawn into prece- dent, might prove a pernicious innovation upon the rules of law, The evidence cannot, therefore, bc received. ` Wann mayb: I IAr.uM. V`[*HE plaintill was a citizen of, and relidcnt in, S¤m‘b-Cm·:- 2/ _f__ limi, and thc dcfteirtlant was a citizen of, and rulident in, 0 ' ·P*"’*'{[}'!¤'·‘!‘1.°·¤, for fix y¤.·:n·,¤ before the p•··;ii·nt aflion ’f.:nntl<:d upon li e . A.