Foster v. Dow
Supreme Judicial Court of Maine
Action on the case, tried before Wells, J. for suing the plaintiff in the name of E. P. Farris, and causing him to be arrested and “ committed” without any authority from Farris. That action was for peddling without license. The plaintiff offered as a witness, E. P.“ Farris, who was objected to as the plaintiff of record in the suit complained of. But he was admitted.
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Action on the case, tried before Wells, J. for suing the plaintiff in the name of E. P. Farris, and causing him to be arrested and “ committed” without any authority from Farris. That action was for peddling without license. The plaintiff offered as a witness, E. P.“ Farris, who was objected to as the plaintiff of record in the suit complained of. But he was admitted. To prove the loss of his license, the plaintiff offered his own affidavit, that he had such an one, and that he did not then have it or know where it was, though he had diligently searched for it. The affidavit was objected to,…
1Opinion of the CourtWells, J.
The witness, Farris, was the person, in whose *446name the defendant brought the action against the plaintiff, without any authority derived from the witness. He could neither gain or lose by the result of the suit, and the verdict would not be evidence for or against him.
The affidavit of the plaintiff in relation to the loss of the license contains sufficient facts to show a loss, and to admit the secondary proof.
The original writ of Farris v. Foster, having been lost, and the return of the arrest upon it, parol proof of the arrest was admissible. And the commitment was an act done by the…
2Cited by2 opinions
- First General or Six Principle Baptist Soc. v. LoomisNew York Supreme Court · 1888
- Gibbs v. RandlettSupreme Court of New Hampshire · 1878