District Court, E.D. Michigan January 3, 1876 (Davidson v. Barge Poland)

Thu Court,

Brown J.,

held that it was the intention of Congress to permit the court in cases falling within the proviso, to exercise its discretion against receiving the testimony of the surviving party where *39the transaction would probably be denied by the deceased party if he were alive, and there are no extraneous circumstances throwing light on the subject.

George E. Halladay for Libelant.