Smith Thompson

“ The commissioner, in his last report, has estimated the defendant's expenses in New York at one dollar per day; whereas the positive proof, by the testimony of Gordon Miller, is, not only that the customary charge for board at the house where the defendant boarded was ten dollars and eighty-seven cents per week, but that the defendant actually paid that sum, exclusive of extra fire at fifty cents per day. ”

“ That he has good reason to believe, and does verily believe, that he was entirely ignorant of the state of the books between himself and co-partner. That he never attended to or examined the books. That on his showing him an entry of nine hundred dollars, on account of those expenses, he said they were incorrect, and contrary to their agreement: and before the dissolution of the partnership, he objected to all the defendant's charges for expenses. ”

“ But the evidence in the cause is sufficient to rebut this presumption. John Washington, who was a clerk employed by the firm, swears that he was intimately acquainted with the concerns of the co-partnership, and with their mode of transacting business. ”