Fitch v. Bogue
Supreme Court of Connecticut
This was an action of assumpsit. The declaration con-several counts; one of which was on a promissory note, . under the defendants hands, by them well executed, dated the 20th day of May, 1837, in and by which they promised the plaintiff to pay to him, on demand, for value'received, the sum of fifty dollars, with interest from date, as would by said note fully appear, could the plaintiff produce and show the same here in court; but the plaintiff says, that said note having…
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This was an action of assumpsit. The declaration con-several counts; one of which was on a promissory note, . under the defendants hands, by them well executed, dated the 20th day of May, 1837, in and by which they promised the plaintiff to pay to him, on demand, for value'received, the sum of fifty dollars, with interest from date, as would by said note fully appear, could the plaintiff produce and show the same here in court; but the plaintiff says, that said note having been destroyed by fire, he cannot produce the same here in court. To this the common counts were added, viz. for money…
1Opinion of the CourtEllsworth, J.
Two questions arise in this case ; and although the motion does not present them in the most favourable form, yet we are willing to decide the principles involved, as being of some considerable practical importance.
The first question is, can the plaintiif be received to testify to the court, that an instrument declared upon, or which it becomes necessary to use in the progress of the trial, is destroyed or lost, so as to render secondary evidence admissn ble. In Coleman v. Wolcott, 4 Day, 388., this court held, that the allegation in the declaration, of the loss of an instrument, was a…
2Cases cited2 opinions
- Blade v. NolandNew York Supreme Court · 1834
- Coleman v. WolcottSupreme Court of Connecticut · 1810
3Cited by9 opinions
- Bell v. KendrickSupreme Court of Florida · 1889
- State v. ThompsonMontana Supreme Court · 1891
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
- Connecticut Bank & Trust Co. v. WilcoxSupreme Court of Connecticut · 1986
- Gorman v. FittsSupreme Court of Connecticut · 1908
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