David L. Latourette, Respondent, v. David Clark, Appellant

David L. Latourette, Respondent, v. David Clark, Appellant. (Argued May 20,1872; decided September term, 1872.) This was an action against defendant, a stockholder, and one of the directors of the Protective Insurance Company, of Hartford, Conn., for an alleged fraudulent conspiracy to represent the company to be sound, when in fact it was, as defend, ant well knew, insolvent, whereby defendant was induced to insure, etc. (Reported below, 45 Barb., 327.) The principal proof of the alleged fraudulent représentations were sworn copies taken from the book of the company of statements of its affairs made by auditors, of whom defendant was one. The case was decided upon the ground of error in the receipt of the copies as evidence; that there was no sufficient evidence of loss of the book to authorize secondary evidence of its contents. T. C. S. Buckley for the appellant. John K. Porter for the respondent. [MAJORITY — Gray, C.,] Gray, C., reads for reversal. All concur. Judgment reversed and new trial ordered.