I think the Judge decided rightly in not suffering the plaintiff to give evidence of the contents of the paper writing, beforo he had better accounted for the loss of it, when he had it amply in his power to do so, by calling Boon, the administrator of Wheeler, into whose possession they had traced it. Boon’s declarations' ought not to have been received, when there was no obstacle shown to procuring his testimony as a witness; of course the rule for obtaining a new trial should be discharged.

The other Judges concurring,

Judgment affirmed.