Legal Opinion

American National Bank v. Brickhouse

Supreme Court of North Carolina

Decided February 23, 1927PublishedCited by 5 opinions

1Opinion of the CourtBkoguen, J.

Exceptions eight and twelve present this question: Can a witness testify as to the contents of a letter received by him without proof of the genuineness of the original letter and without evidence as to the loss thereof ?

It is a general rule of evidence that the best evidence which the nature of the case admits of must be produced. When the nonproduction of the best evidence is properly accounted for, then the next best evidence in the party’s power is required. But before secondary evidence of the contents of a letter can be given in evidence, the letter itself must be properly identified by…

2Cases cited6 opinions

  1. Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
  2. Avery v. Stewart.Supreme Court of North Carolina · 1904
  3. Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926
  4. Mahoney-Jones Co. v. OsborneSupreme Court of North Carolina · 1925
  5. Arndt v. . Insurance Co.Supreme Court of North Carolina · 1918

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. . ShipmanSupreme Court of North Carolina · 1932
  2. Wooten v. . BellSupreme Court of North Carolina · 1929
  3. Morrison v. Southern States Finance Co.Supreme Court of North Carolina · 1929
  4. Commercial Banking Corp. v. LinthicumSupreme Court of North Carolina · 1934
  5. State v. . ShipmanSupreme Court of North Carolina · 1932

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API