Ward v. Leitch

RobiNSON, J., delivered the opinion of the Court. The paper offered in evidence to refresh the recollection of the witness, possessed none of the elements recognized as essential to constitute a memorandum for that purpose. It was a mere copy taken from the original entries in the store book of the plaintiff; and it does not appear by whom, or at what time the entries were made, or that the witness ever saw and recognized them to be correct. If in Green vs. Caulk, 16 Md., 556 , it was held that “a copy made by a witness from his own original memoranda,” was inadmissible; upon what principle is it proposed to offer a copy made from the memo-randa of a stranger ?

The second and third exceptions present substantially the same question. The plaintiff offered in evidence his original ledger book, containing the entries in the handwriting of the defendant’s testator, and afterwards his day-books, containing daily entries against deceased and other parties, but all in the handwriting of the testator. Now although these entries would not have been admissible for the purpose of charging a third person, because not made by a clerk in the ordinary discharge of his duty, and contemporaneous with the transactions to which they relate, yet they were admissible as declarations or admissions made by the party against his interest. The fact that he was not a clerk in the store, but employed merely to post the books of