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· 9/15/1869

Taliaferro v. Ives

Citations

  • 51 Ill. 247

Syllabus

<p>1. Books ok account—when admissible in evidence. In an action by the payee against the maker of promissory notes, it appeared there were mutual dealings between the parties, and the defendant presented in evidence the receipt of the plaintiff, subsequent to the date of the notes, in full of all demands: it was held, he had the right to give in evidence Ms books of account, for the purpose of showing by entries therein how he had paid the notes, and so account for the giving of the receipt by the plaintiff.</p> <p>2. Without the statute of 1867, the defendant in such case would have been entitled to introduce his books of account in evidence. Boyer v. Sweet, 3 Scam. 120. And the statute does not materially change the rule there announced.</p>

Judges: Breese

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