Mortgage Trust Co. of Pennsylvania v. Elliot
Supreme Court of Colorado
Error to the District Court of Saguache County. Eon. Jesse G. Northcutt, Judge. Action by Tbe Mortgage Trust Company of Pennsylvania against D. J. Elliot, as administrator of the estate of William B. Clancy, deceased. Prom a judgment in favor of defendant, plaintiff brings error.
1Opinion of the CourtJustice Goddard
1. The only question presented by the record is whether the trial court erred in excluding the copy of the note offered in evidence, and in rendering-judgment of nonsuit; in other words, whether the existence and execution of the note, its loss, and sufficient . diligence of search were shown to entitle claimant to introduce secondary evidence of its contents.
The proof offered upon these points was in brief as follows:. A letter written by W: J. Clark, who negotiated the loan, was, by stipulation of counsel, admitted in evidence. He therein stated, among other things, that he remembered being…
2Cases cited5 opinions
- Bouldin v. Massie's HeirsSupreme Court of the United States · 1822
- Hagerman v. BatesSupreme Court of Colorado · 1897
- Murray v. BuchananIndiana Supreme Court · 1845
- Bruns v. ClaseSupreme Court of Colorado · 1886
- Brevoort v. HughesColorado Court of Appeals · 1897
3Cited by2 opinions
- Helm v. BrewsterSupreme Court of Colorado · 1908
- Price v. ImmelSupreme Court of Colorado · 1910