Legal Opinion
Herzig v. Swift & Co.
Court of Appeals for the Second Circuit
Decided January 4, 1945No. 153PublishedCited by 20 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. Perhaps the most to be said for the “best evidence rule” is that it may serve on occasion as a good mnemonic device. It did not so serve the trial judge here, for it awoke in him an incorrect recollection when, in rejecting the oral testimony as to partnership earnings and in refusing to allow the plaintiff’s counsel to argue for its admissibility, he said, “I am not going to hear an elementary argument on law school evidence.”
“In its modern application, the best evidence rule amounts to little more than the requirement that the contents of a writing must be proved by…
2Cases cited9 opinions
- Keene v. MeadeSupreme Court of the United States · 1830
- Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
- Jacksonville Electric Co. v. BowdenSupreme Court of Florida · 1907
- In Re Ko-Ed TavernCourt of Appeals for the Third Circuit · 1942
- International Shoe Co. v. HewittSupreme Court of Florida · 1936
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Meyers v. United StatesCourt of Appeals for the D.C. Circuit · 1948
- Stone & Webster Engineering Corporation v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1976
- United States v. Ernest Franklin AlexanderCourt of Appeals for the Fourth Circuit · 1964
- Continental Illinois National Bank & Trust Co. v. Eastern Illinois Water Co.Appellate Court of Illinois · 1975
- Clyde Allen v. W. H. O. Alfalfa Milling Co., a Colorado Corporation, Harry Spayd v. W. H. O. Alfalfa Milling Co., a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1959
15 more not listed; retrieve them via the Exa API.