Legal Opinion

Carland & Bierne v. Cunningham

Supreme Court of Pennsylvania

Decided November 9, 1860PublishedCited by 6 opinions

Error to the Common Pleas of Crawford county. This was a foreign attachment in case on assumpsit, brought by James Cunningham, against P. T. Bierne and William Car-land, trading as Carland & Bierne, in which Leon C. Magaw was summoned as garnishee.

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Error to the Common Pleas of Crawford county. This was a foreign attachment in case on assumpsit, brought by James Cunningham, against P. T. Bierne and William Car-land, trading as Carland & Bierne, in which Leon C. Magaw was summoned as garnishee. The case was this: N. Connelly & Son, dealers in ready-made clothing, of Meadville, Pa., who were indebted to Carland & Bierne, of Buffalo, N. Y., in the sum of $1121.88, sold their whole stock to E. Connelly, Sr., a brother of N. Connelly. The goods thus sold, were not removed; but the sign was altered in accordance with this sale. Shortly after…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

— The written agreement between the parties, and for a breach of which this action was instituted, was not produced at the trial, but a copy or supposed copy was offered, and admitted by the court. The admission of this evidence is assigned for error.

It is a rule of evidence, too ancient and too well understood to *232require proof of its existence, that the original instrument is better evidence than a copy, and that the primary source of information is better than the secondary. The latter is only resorted to after the necessity for doing so…

2Cases cited2 opinions

  1. Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
  2. Lessee of Thomson v. WhiteSupreme Court of the United States · 1789

3Cited by6 opinions

  1. Cooper v. BrownCourt of Appeals for the Third Circuit · 1942
  2. Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
  3. Kapp v. District Court of the Seventh Judicial DistrictNevada Supreme Court · 1909
  4. Reddelien v. AtkinsonSuperior Court of Pennsylvania · 1911
  5. Cottom v. WileySuperior Court of Pennsylvania · 1909

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