of a note or other obligation to pay it according to its terms is proper upon the question of value, as tending to show inability of maker to pay. (Booth v. Powers, 56 N. Y. 22.) This testimony applied to a great number of securities owing by various individuals, firms and corporations. The fact that all these securities were found to be worthless at the time of the failures of these banks had a tendency to prove that they were of little or no value when they were taken, especially since the banks involved had been doing business a comparatively short time. These securities were held principally by the LaSalle Street Trust and Savings Bank, which was the successor of the LaSalle Street National Bank. The national bank was organized in May, 1910. The trust and savings bank, which succeeded it and took over its assets and assumed its liabilities, was organized as a State bank in October, 1912, and closed its doors June 12, 1914. The testimony was properly admitted. In any event, plaintiff in error is in no position to raise this question as no specific objection was made when the evidence was offered, based on the ground that it related to the wrong time. Chicago Title and Trust Co. v. Core, 223 III. 58.

It is contended that the court admitted secondary evidence of many matters without a proper showing before permitting such evidence to be introduced. The witness Niblack testified with reference to the existence of certain mortgages and loans and the appointment of a receiver for the Illinois-Louisiana Land Company; to the contents and amounts of certain checks drawn by plaintiff in error which were never collected; that the bank building of the LaSalle Street Trust and Savings Bank and lot stood on the books of the bank at $462,000, and that the property was mortgaged for $200,000 and had a mechanic's lien for $46,200 against it. Frank M. Spohr, who was the auditor and assistant cashier of the LaSalle Street Trust and Savings Bank, also testified to the amount at which the banking

house was carried on the books and to certain checks of plaintiff in error and their amounts. To this testimony only general objections were interposed. In order to raise the question that the evidence introduced is not the best evidence a specific objection must be interposed.

McDougal testified that he had made a written report of an examination he had made of the LaSalle Street National Bank, and after an examination of the abstract of that report testified to the condition of the bank at the time of that examination. Lathan T. Souther, receiver and trustee in bankruptcy for C. B. Munday & Co., used a memorandum while on the witness stand when testifying concerning the assets of the company for which he was receiver and trustee. Spohr also used a memorandum while testifying. It is contended by plaintiff in error that these witnesses were permitted, over objection, to read from the memoranda they had and thus improperly impart their contents to the jury. An examination of the record discloses that each of these witnesses used the memorandum he had for the purpose of refreshing his recollection, and that he testified, after an examination of the memorandum, from his recollection as to the facts.

In his testimony as to the assets of C. B. Munday & Co., Souther testified from reports that he had personally made in the bankruptcy proceedings as well as from his personal recollection outside of these papers. Spohr testified as to certain assets which were taken over by the LaSalle Street Trust and Savings Bank from the LaSalle Street National Bank in October, 1912. In his examination he stated he was using a memorandum that had been furnished him from the State's attorney's office, but that he had examined it and compared it with the books of the bank and found it to be absolutely correct. In using this memorandum and one that he had made up himself he made comparisons and summaries of the various transactions disclosed by the records which were afterward introduced in

evidence. W. H. Tholen, formerly cashier of the Illinois State Bank, also gave a summary from books with which he had been familiar as cashier of the Illinois State Bank and which were in evidence. The testimony of these witnesses was properly admitted under the holding in People v. Gerold, 265 Ill. 448.

Carbon copies of certain letters which were found among the records of the LaSalle Street Trust and Savings Bank were admitted, and it is insisted that this was error in the absence of an accounting for the originals. The carbon copies constitute a part of the records of the bank which were in the hands of the receiver and were admissible as original records of the bank.

Spohr testified from the records of the bank concerning alleged kited checks of plaintiff in error, although he testified he had never seen the checks themselves and knew nothing about them except what appeared from the records of the bank. He also expressed his opinion as to the amount of loss sustained by the bank by these transactions. This testimony was proper, as the witness was thoroughly familiar with the books of the bank and was testifying to a summary of these transactions as disclosed by the records of the bank which were in evidence. This witness also testified to the giving of notes, for $125,000 each, by himself and nine other parties, in connection with the subscriptions made to the capital stock of the LaSalle Street Trust and Savings Bank, and also concerning a check for $1,250,000 which was drawn upon the Central Trust Company by the cashier of the LaSalle Street National Bank. It is objected that the notes themselves constituted the best evidence of their existence, and that the testimony in regard to the check was improper as the witness was not present at the time of the transaction and had no personal knowledge of that matter. Spohr testified from his own. personal knowledge concerning the transaction involving the execution of these ten notes for $125,000 each. As to the

matter of the check, Charles G. Dawes, president of the Central Trust Company, afterward testified fully concerning this check without objection. Spohr also testified that certain lists which he had, corresponded with the books of the bank. It does not appear that any part of his testimony was based upon these lists but it appears that he was testifying from recollection.

It is objected that it was improper to permit McDougal to testify to the action taken by the clearing house committee in reference to the conduct of the LaSalle Street National Bank and to resolutions adopted by it. It does not appear from the testimony of this witness whether or not he was present at the time the resolutions were adopted. He did not know of his own knowledge whether the resolutions which had been adopted by the clearing house committee relating to the conduct of the LaSalle Street National Bank had been delivered to the plaintiff in error, but James B. Forgan, a member of the clearing house committee, testified that a copy of the resolutions had been mailed by registered mail to plaintiff in error, who acknowledged receipt thereof by a letter which was introduced in evidence. Another letter signed by plaintiff in error and four other persons who constituted a committee on behalf of the LaSalle Street National Bank was admitted in evidence, in which all the essential and material portions of these resolutions were quoted and commented upon. There was no error in admitting this testimony given by McDougal.

Charles E. Ward, one of the directors of the LaSalle Street Trust and Savings Bank, testified in regard to loans he passed on as a director of the bank. This was primary evidence of the fact testified to and was not subject to the objection that it was not the best evidence.

E. J. Potts, who was employed in the credit department of the LaSalle Street National Bank and the LaSalle Street Trust and Savings Bank, and who was also vice-president of the Ashland-Twelfth State Bank, testified that plain

tiff in error voted a majority of the stock of the AshlandTwelfth State Bank. This was primary and not secondary evidence of the fact testified to, and is not subject to the objection that the record of the meeting was the best evidence of it. This witness also testified to items contained in the liability ledger of the LaSalle Street Trust and Savings Bank. This ledger was afterwards introduced in evidence, but, in any event, it appears that the ledger was only referred to for the purpose of refreshing the memory of the witness.

John H. Rife, a bank examiner, testified concerning the condition of the LaSalle Street Trust and Savings Bank at the time he made an examination. It is objected that this was improper, as it was disclosed that the witness had made a written report which was on file in the State Auditor's office. The witness did not testify to the contents of his report and his testimony was competent. This witness also testified to the number and amount of the bonds and the trust deed of the Illinois-Louisiana Land Company, and it is objected that the documents themselves are the best evidence. The same facts testified to by this witness are shown by receipts for these bonds signed by plaintiff in error and admitted in evidence.

Roy O. Farquhar, cashier of Sidney Long & Co., did not pretend to testify from books, as counsel contend, but testified from his recollection concerning the execution of notes aggregating $100,000 and to the depositing in a certain bank of about $300,000 to the account of Sidney Long & Co. This was primary evidence and was competent.

James B. Forgan, a member of the clearing house committee, testified to the action of that committee. It was objected that this was improper, as plaintiff in error was not present when this action was taken. The action testified to was in regard to the LaSalle Street Trust and Savings Bank, and plaintiff in error, as appears from the record, was afterward fully advised what had been done. In his testimony Forgan did not testify that he drew certain