Shute v. Ogden

3 N.J.L. 921

Opinion

Kirkpatrick, C. J. and Rossell, J.

— Were of opinion, that the books wei“e sufficiently proved,

(a)

Pennington, J.

— Notwithstanding the opinion of my brethren, I am not satisfied that the books wei'e sufficiently proved. The witness never saw them till they were produced in coux*t on trial. It has never been held, within my knowledge, that proof of the hand-writing of the party, is sufficient evidence of [*] his books of account; and it appears to me, dangerous to establish such a precedent. I think nothing of the entry in the waste book, of a transaction between the witness and the plaintiff below.

Judgment affirmed.

Contra. 3 Halst. 68.