Swift v. Stevens
Supreme Court of Connecticut
This was an action on a promissory note, for 500 dollars, dated the 31st of December, 1825, payable to Thomas Swift, the plaintiff, or bearer, on the 1st of October 1826. The count relied upon averred, that the note was lost and destroyed, by time and accident, or gone into the hands of the defendant; and therefore, it could not be produced on oyer.
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This was an action on a promissory note, for 500 dollars, dated the 31st of December, 1825, payable to Thomas Swift, the plaintiff, or bearer, on the 1st of October 1826. The count relied upon averred, that the note was lost and destroyed, by time and accident, or gone into the hands of the defendant; and therefore, it could not be produced on oyer. The cause was tried at Litchfield, February term, 1831, before Williams, J. On the trial, the plaintiff, to prove the destruction of the note, offered in evidence the deposition of Lewis Forman, cashier of the Franklin Bank, stating, that in the…
1Opinion of the CourtWilliams, J.
The objection to the testimony appears to be to all the testimony offered by the plaintiff; but no particular evidence is specified or objected to, except the deposition of Forman. Of course, the court cannot know precisely what other testimony was offered or admitted, or whether it was relevant or not. And it surely cannot be admissible for a party to object to a specified piece of evidence, reciting it, and then, under a general objection to all the evidence, ask the court to rule out all the testimony in the cause. The only question, therefore, to which the attention of this Court can be…
2Cases cited1 opinion
- Coleman v. WolcottSupreme Court of Connecticut · 1810
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