Tucker v. Welsh
Massachusetts Supreme Judicial Court
Assumpsit upon an order drawn by Silas Penniman, in favor of the plaintiff, upon the defendant, on the 31st of December, 1814, and accepted by him the next day, requesting him to pay to the plaintiff, or his order, whatever amount he might receive [ * 161 ] of John Hancock, Edward Harris, * and James Allen, underwriters on a policy of insurance on the ship Alpha, which policy was placed in the hands of the defendant by Penniman for collection.
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Assumpsit upon an order drawn by Silas Penniman, in favor of the plaintiff, upon the defendant, on the 31st of December, 1814, and accepted by him the next day, requesting him to pay to the plaintiff, or his order, whatever amount he might receive [ * 161 ] of John Hancock, Edward Harris, * and James Allen, underwriters on a policy of insurance on the ship Alpha, which policy was placed in the hands of the defendant by Penniman for collection. At the trial of the cause, which was had at the sittings here after the last March term, before the chief justice, it was proved or admitted that,…
1Opinion of the CourtParker, C. J.
We do not find that there is any legal objection to the admission of the copy of the mortgage deed in evidence, even if the exception had been taken at the trial. The original was not in the possession of the party producing the copy, nor had he any control over it. The execution of such a deed was not denied, and the question of title to the estate it purported to convey was not in issue. It was produced to prove a collateral fact, viz., that properly had been conveyed to Scammel Penniman, as a security or indemnity for debts or liabilities on account of his brother Silas Penniman. The fact…
2Cited by36 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- People v. . BrooksNew York Court of Appeals · 1892
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Mathews v. LivingstonSupreme Court of Connecticut · 1912
- Stacy v. . GrahamNew York Court of Appeals · 1856
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