September Term, 1784.
N this caufe, the defendant's offered in evidence an entry made in the books of the teftator, of money paid in difcharge of a promiffory note. This was acknowledge to be the original entry ; but there was no proof by whom it was made, or, whether the perfon who made it was dead, or alive.
by the court. Let it be rad to the jury ; not as evidence that the defendant had paid the note, but merely that fuch an entry was made nineteenth years ago, of the payment of a note of twenty-three years ftanding ; and to fupport the general prefumption of payment after fuch a length of time. Nor is this to be drawn into precedent ; for our allowance of the evidence is founded on the particular circumftances of this cafe.
To prove another point in the fame caufe, a book was offered, in the form of a ledger, containing, in from inftances, referrences to a wafte-book.– Notwithftanding this, it was infifted, on the one hand, to be an original, and not a tranfscript ; but denied on the other ; and the perfon, who, it was faid, could prove it, was incapable of attending on account of ficknefs.
the court ordered the book to be read ; leaving it to the jury to determine, on the face of it, whether it was an original or a tranfscript ; and directing them in the latter cafe, to pay no regard to it.