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1 Ivins, Plaintiff in Error, vs. Kenderdine, Def't. in Error, Supreme Court, M. 50, 67. Paper Book of Plaintiff in Error 1850

handle is hein.trials/adiy0001 and id is 1 raw text is: IVINS, PLAINTIFF IN ERROR, } Supreme Court, VS. M. 50, 67. KENDERDINE, DEF'T. IN ERROR, PAPER BOOK OF PLAINTIFF IN ERROR. This was an action of assumpsit, commenced by Kender- dine vs. Ivins, in the District Court of the City and County of Philadelphia, to June Term 1849, No. 101. The only point in the case is, as to the admissibility of cer- tain original entries offered in evidence and admitted by the Judge, under the exception of plaintiff in error. COPY OF BILL OF EXCEPTIONS. Be it remembered, &c. February 19, 1850, before the Hon. George M. Stroud, &c. The plaintiff's counsel called Joseph K. Longstreth, who, being duly sworn, said: Some of these entries are in my handwriting. The things charged for in this entry made by me were furnished on an order. A carter brought it. This is the order: (order produced and read pro ut same). The things charged in the other entries made by me were either furnished to the defendant or to men in his employ. I cannot say if on an order or not. I knew these persons to be in defendant's employ, because they had brought orders before. And the plaintiff's counsel called Geo. W. Lippincott, who, being duly sworn, said: Some of these entries were made by me. The articles charged were not delivered to defendant. They were deli- vered to a person in defendant's employ. No order was brought. I'cannot say that they were in his employ, except that they got goods before. Defendant never paid for any of the goods thus got. He never came with the person. I don't know the person. And the defendant objected to said entries being read. The learned Judge overruled said objection, and defendant ex- cepted. And it appearing that there was an erasure in the entry of 10th M. 5th, 1847, the defendant objected to the entire ac-

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