Evidence, Competency, Book accounts. Practice, Civil, Conduct of trial: finding by judge as to requisites preliminary to admission of evidence.
Where, at the trial of an action, the contents of certain books of account are material and there is evidence that the books cannot be found but that before they were lost the person who kept them caused certain transcriptions to be made therefrom under his oversight and direction, it is not error for the trial judge to admit the transcriptions in evidence for the consideration of the jury.
BY THE COURT.
The question reported is whether a proper basis had been laid for the admission of secondary evidence as to the contents of books of account. The preliminary finding of the judge to the effect that there was such basis was amply justified by testimony which need not be narrated. Smith v. Brown, 151 Mass. 338. Whitney v. Lynch, 222 Mass. 112, 116. The case is distinguishable from Post v. Leland, 184 Mass. 601.
Judgments to be entered on the verdicts.