W. Boyd’s Administrator v. H. M. Wilson’s Administrator.
The books of a bank, which do not show whether the checks drawn tipon it wore payable to bearer or to order, nor the names of the persons in whose favor they were drawn, are not evidence of money paid to any particular person.
The books of the Bank of Washington were offered in evidence by the defendant, to show that a check for $255 drawn by Wilson, was payable and paid to Boyd. J. H. Reiley, the bookkeeper of the bank, stated that the bank-books did not show whether the check was payable to order or bearer, nor whether it was paid to the person whose name appears on the books as payee. •
[MAJORITY — The Court]
The Court
(nem. con.) and in conformity to their decision in the case of Burch, Dougherty's Administrator, v. Spaulding's Administrator, at October term, 1813, (ante, 422,) decided that the books of the bank were not competent evidence of the payment of the amount of the check to Boyd.