
    No. 726
    KERNS v. GOODMAN
    Ohio Appeals, 4th Dist., Ross County
    No. 18763.
    Decided Jan. 18, 1924
    480. EVIDENCE.
    Permitting defendant to testify to items of lost book account where opposing party objects thereto, held improper.
    Attorneys — F. N. R. Redfern and Luther B. Yaple, for Kerns; of Chillicothe.
   BY THE COURT.

Epitomized Opinion

Published Only in Ohio Law Abstract

Goodman brought an action in the Common Pleas to recover judgment on a promissory note for $600 and interest. The action was brought by Claude Goodman, administrator of the estate of James Goodman. The defendant pleaded payment of the note and set up a counterclaim for $1,586.27 as an amount due on the account. The plaintiff filed a denial to the counterclaim. During the trial, the court permitted the defendant to testify as to the contents of a lost and destroyed book account over the objection of the plaintiff. The jury returned a verdict for defendant in the sum of $1,786 27. Error was prosecuted. In revering .the judgment- of the lower court, the Court of Appeals held:

That the lower court committed prejudicial error in permitting the defendant to testify as to the amount of the debits and credits in a lost and destroyed book account, over the objection of plaintiff.  