Matteson v. Noyes
Illinois Supreme Court
This action was brought by Noyes against Matteson, in the Superior Court of Chicago, to recover the value of certain railroad ties, delivered under a contract. The defense was that the ties were for the use of the St. Louis, Alton and Chicago Railroad, and contracted for by that corporation. The plaintiff below recovered a judgment for $51,453. The facts of the case are stated in the opinion. The cause was tried before Goodrich, Judge, and a jury.
1Opinion of the CourtWalker, J.
On the trial below, appellee offered, and the court admitted in evidence, what purported to be a telegram from appellant to Loren Darling. There was no evidence that it was the original, or that the original had been lost or destroyed, or could not be procured, or that the paper offered was a copy. It was simply offered and admitted as the dispatch which was received by witness from the telegraph office, and as primary evidence. It is an elementary principle, that resort must always -be had to the best evidence within the power of the party, by which the fact is capable of proof. And it is an…
2Cited by12 opinions
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- Anglo-American Packing & Provision Co. v. CannonU.S. Circuit Court for the Southern District of Georgia · 1887
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