Keely v. Ord et al.

*Keely v. Ord et al. Evidence. Indebitatus assumpsit for goods, to wit, sixteen hogsheads of rum, sold and delivered. The plaintiff, by his books, and oath of his clerk, proved the sale to the defendants. The defendants gave in evidence, that a certain George Henry was two-thirds owner of the cargo of which this rum was a part; and, in order to prove that the rum was purchased of George Henry, and not of the plaintiff, they offered to prove by Henry’s clerk, that he had made a charge in Henry’s books, by the direction of Henry, of the sale of the rum to the defendants. To this, it was objected, that the books of Henry should be produced to show the entry ; and that, otherwise, the evidence of the clerk to the contents of the books ought not be admitted. [MAJORITY] And of this opinion was the Court ; but, at the request of the counsel for the defendants, they reserved the point, See Kelly v. Holdship, 1 Bro. 36.