Sheils v. West

Citations

• 17 Cal. 324

Syllabus

<p>An entry in an account book offered in evidence was : “June 30 th, 1859, P. W. Sterling, credit, by cash, one hundred and thirty-five dollars.” A witness for Meyers, the party keeping the book, testified that in October, 1859, Meyers altered this entry by crossing with ink the word “ by,” and making it read “to,’’-and changing the word “credit,\ and making it read “debtor;\ and that this was done without the knowledge or consent of Sterling: Held, that, in the absence of all other evidence explaining the original entry and the alteration, the Court will presume that at the time the entry was made it was according to the fact; and hence that Sterling is entitled to a credit of one hundred and thirty-five dollars.</p>