[b] Monroe -o. Perkins, 9 Pick., 398, 202; Russell v. Barry,
115 Mass., 300, 302; Cummings v. Arnold, 3 Mete, 486; 37 Am.
D., 155; Piatt's Adm. v. U. 8., 33 Wall , 496, 507.
[c] Bliven v. N. F. Screw Go., 33 How., 420, 431; Thompson
i>. Biggs, 5 Wall., 668, 679; Moran v. Prather, 33 Wall., 493.
503; Smith v. Clews, 114 N. Y., 190; 11 Am. St. R, 637.
[d] Keene v. Meade, 3 Peters, 1, 7; Cramer v. Shriner, 18
Md., 147; Eersom v. Henderson, 21 N. H., 334; 53 Am. D., 185;
Thomas v. Barnes, 156 Mass., 581; 1 Whar. Ev., sec. 77; 1 Gr.
Ev. § 90.
130 A DI9M8T OF THE [Paet II.
Oral evidence of the existence of a legal relation
is not excluded by the fact that it has heen created
by a document, when the fact to be proved is the
existence of the relationship itself, and not .the
terras on which it was established or is carried
on.' [a]

The fact that a person holds a public office need
not be proved by the production of his written or
sealed appointment thereto, if he is shown to have
acted in it." [b]

lUtLstrations.
(a) A policy of insurance is effected on goods "in ships
from Surinam to London." The goods are shipped in a par-
ticular ship, which is lost.
The fact that that particular ship was orally excepted from
the policy cannot be proved.'

ifi) An estate called Grotton Farm is conveyed by a deed
which describes it as consisting of the particulars described
in the first division of a schedule and delineated in a plan on
the margin of the schedule.
