Foster v. Sinkler

was clearly of opinion, that the original book of entries of a merchant or shop-keeper, is good evidence to go to a jury, upon the plaintiff’s swearing to the same ; and where one of the copartners, who made the entries, is out of the state, the other copartner may swear to his hand-writing in the books. He thought also, that these entries were, in this country, prima facie evidence of a delivery.

concurred.

doubted on the second objection; but said he would decline an opinion, as his brethren had already decided in favour of the plaintiff.

Objections overruled.

*46Thomas Foster was then sworn to prove ihe books, and there was accordingly a verdict for plaintiffs.