McEwan

Plaintiff brought an action against defendant as administrator of the estate of one Thomas S. Loughtwry, deceased, for services alleged to have been performed by plaintiff for, and at the instance and request of, said deceased, as well as for money lent by plaintiff to said deceased during his lifetime. From a judgment in favor of defendant, plaintiff has appealed to this court.

It appears that in support of his claim against the estate of the decedent, plaintiff produced two books, one of which, kept by plaintiff, was a purported ledger account between him and Thomas S. Loughtwry, and the other a copy of the same. With reference thereto, in substance the plaintiff testified that the ledger account between him and Loughtwry was a part of a book of accounts kept by plaintiff in connection with and in the course of his business, and that it contained the original entries as to each item therein set forth. Another witness testified to the fact that he was employed by Loughtwry to examine his account with plaintiff; also to employ the latter to repair some houses which were owned by the former; that after having made an examination of the said account in the presence of plaintiff, he…