
    BENTLEY’S ADMINISTRATOR v. HOLLENBACK.
    Mistake in note — set-off—payment for another after death — account hooks.
    When a note hy mistake is given for too large a sum, and the surplus after-wards agreed to he endorsed, but neglected, a credit will be allowed at the trial, either under a set-off or otherwise.
    Where one obliged for another as surety, pays after the death of his principal, he may set off such payments when sued on a debt he owed the estate of his principal.
    Account books, under certain restrictions, may he received in evidence in favor of an administrator.
    
      Debt upon a note. It was agreed that the note was given for ' the balance found upon a settlement, and it was ascertained shortly after the settlement, that, by mistake, the note was for $30 too much, which amount it was then agreed should be endorsed on the note; but the endorsement was neglected. The defendant had 169] *gone security for. the plaintiff’s intestate, and had paid for him about twenty dollars since his death, and that he had a book account, which was exhibited. These demands were claimed as a set off.
    
      Caldwell and Irvin, for the plaintiff.
    
      Doane, for the defendant.
   BY THE COURT.

The note was for thirty dollars too much,, by mistake, and it was agreed it should be reduced to the true-amount. We see no legal objection to allowing this to reduce the recovery as a set-off or otherwise; nor do we see any to the money paid since the death upon the security entered into before. It is said the estate is insolvent, and this would in effect prefer this creditor. We think the law of set-off embraces the case, and that is szzfficient. The other point is more difficult. In many cases-justice requires that account books should be z-eceived in evidence, not as conclusive evidence of a claim, but as conducing to prove it. The books may be strengthened or weakened by other evidence, such as proving that the party kept fair books, had no clerk, &c. In this case we are disposed to look at the book. 12 John. 461; Tappan, 67.

Judgment allowing the set-off.  