Prentice v. Phillips

1 Root 103

Opinion

The plaintiff’s book consisted of a charge for £200 hard money paid to the daughter of the defendant in May A. D. 1776, on account of a note, in favor of said Phillips, which had not been applied.

Tbe defendant objected against said book being, given to tbe jury, and also against tbe plaintiff’s being admitted to swear to it; as it would be tbe same in effect as admitting tbe plaintiff to swear to a payment made of that sum upon bis note — tbe court ruled tbe objections to be insufficient, and tbe plaintiff -was admitted and sworn to bis book, and recovered tbe demand.