3 D.C. 254
Decided December 15, 1827
Assumpsit for use and occupation. Upon the trial, it appeared by the plaintiff’s examination of his -witness, that when demand of the rent was made, the defendant said he had paid it by a check on the Office of Discount and Deposit, on the 9th of August. offered in evidence such a check on the Office of Discount and Deposit, with the bank’s cancelling, mark upon it, payable to the plaintiff or bearer, and the defendant’s own check-book, with a margin corresponding with the…
Decided 1827-12-15
¶1But the Couet (Morsell, J. contra;,) refused to admit the check in evidence. . ■
¶2was of opinion, that it might be given in evidence to corroborate the defendant’s declaration, and to rebut the presumption which might arise from the defendants not producing the check.
¶3Verdict for plaintiff $57.15. Motion for new trial overruled.