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65 N.C. 372

Bland v. . Warren

Supreme Court of North Carolina

Decided June 5, 1871

Supreme Court of North Carolina · decided 1871-06-05

Crvm Action, tried before Pool J. at Spring Term, 1871, of Chowan Court. The plaintiff in his complaints alleged that the defendants were indebted to his intestate for goods sold and delivered, money advanced, and labor performed, as shown by the books of plaintiff’s intestate, and from entries made by said intestate. The defendants in their answer 'denied the allegation of the complaint.

Decided 1871-06-05

Boyden, J.

¶1 It is a general rule of law, that a party cannot make evidence for himself, and that a party cannot introduce his own declarations, oral or written, as evidence in his own behalf. It is true that an entry of a credit upon a bond, before the presumption of payment has arisen, in the hand-writing off the obligee, is evidence to rebut the presumption of payment j but this is for the reason that at the time of the entry, it wa& against the interest of the obligee to make it, as it lessened the *374 .amount recoverable upon the bond. Williams v. Alexander, 6 Jones, 137.

¶2 1 It follows, that there was no error in rejecting the evidence 'in this case.

¶3 By the book-debt law, such evidence is made admissible, to the amount of sixty dollars, but this was in derogation of the common law.

¶4 It is true, that when entries have been made, in the usual course of business, by merchants’ clerks, and such clerks are dead, these entries thus made are admissible as evidence; but we know of no case where such entries have been held admissible when in the hand-writing of the party himself. In the case of the Bank of the State of North Carolina v. Clarke et. al., 1 Hawks 36, the Court held the books of the Bank inadmissible in favor of the Bank.

¶5 Per Curiam. Judgment affirmed.

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