
    Livingston v. Rogers, 1 C. C. E. xxviii. 2 J. C. 488.
    
      Parol Evidence of Lost Instrument.
    
    In this case the Supreme Court held, adhering to the ancient common law rule of evidence, that the mere loss of an instrument by the agent of a party, without destruction proved, did not authorize the admission of parol evidence of the contents; (the agent was called to prove the loss and contents of a power of attorney to himself.)
   The Court of Errors however, reversed the judgment of the Supreme Court, and held that parol evidence of the contents might he adduced, if the person to whom it was given, prove it to have been lost, and that he might give parol evidence of the contents.

Judgment of reversal.  