White Sewing Machine Co. v. Horkan

1. While the subpoenas duces tecum may have been admissible for the purpose stated in the motion for a new trial, it does not appear that their relevancy for this purpose was made to appear to the court at the time they were offered and were rejected as irrelevant, or that the purpose for which they were tendered (to wit, as a foundation for secondary evidence) was defeated by the failure of the court to allow them to be introduced.

2. The testimony of the defendant as to what authority he had given his alleged deceased agent or business manager, and as to what interest he had in a particular…