King v. Donahue
Massachusetts Supreme Judicial Court
Writ oe dower by the widow of Patrick King. At the trial in the Superior Court, before Rockwell, J., the tenant introduced in evidence a deed releasing dower, which purported to be signed by the demandant. The demandant, being called as a witness, testified that the deed was a forgery.
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Writ oe dower by the widow of Patrick King. At the trial in the Superior Court, before Rockwell, J., the tenant introduced in evidence a deed releasing dower, which purported to be signed by the demandant. The demandant, being called as a witness, testified that the deed was a forgery. She thereupon wrote her name in the presence of the jury, seven or eight times in succession, upon a slip of paper, and offered to submit it to the jury for the purpose of having it compared by them with the signature to the deed, as evidence that that signature was not genuine. The tenant objected, but the…
1Opinion of the CourtAmes, J.
Upon the question whether the genuine signature of the demandant had been subscribed to the instrument purporting to contain her release of the right of dower, she was not to be confined in her testimony to a mere general denial. She was entitled to whatever benefit could be derived from a comparison if the disputed signature with' her genuine and unquestioned handwriting. For that purpose, she would be allowed to produce original letters or other documents, admitted or proved to bear her *156genuine signature, in order that the jury might make the comparison. But we do not find any case in which…
2Cited by14 opinions
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- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
- University of Illinois v. SpaldingSupreme Court of New Hampshire · 1901
- Williams v. StateSupreme Court of Alabama · 1878
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