Deuches v. Grand Rapids Brass Co.

(after stating the facts). Plaintiff’s counsel insists that the language used in the indorsement is not established beyond dispute. Plaintiff did not read it and does not undertake to testify on the subject. • Having destroyed the documentary evidence an unfavorable presumption arose against him. Pitcher v. Rogers’ Estate, 199 Mich. 114. The witnesses who testified on the subject were of course obliged to speak from memory and, while they did not at all times use the precise words quoted above in ■giving their testimony, the substance of the indorsement is established beyond question. Nor can…