Townsend v. Atwater
Supreme Court of Connecticut
MOTION for a new trial. This was a. scire facias against the defendants, as garnishees of K, and A. Townsend of the city of New-York, absent debtors. On the trial before the Superior Court, it was claimed by the plaint ill's, that the defendants were indebted to E. and A. Townsend, on account of a certain negotiable promissory note, executed and deihered at Xnv-York, on die ilth day of Au ansi, 1010, hy E. and A, Townsend, to one E. (r.
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MOTION for a new trial. This was a. scire facias against the defendants, as garnishees of K, and A. Townsend of the city of New-York, absent debtors. On the trial before the Superior Court, it was claimed by the plaint ill's, that the defendants were indebted to E. and A. Townsend, on account of a certain negotiable promissory note, executed and deihered at Xnv-York, on die ilth day of Au ansi, 1010, hy E. and A, Townsend, to one E. (r. Bartsch,for 1003 doiiars, payable in six months from its date. The cir '..urnstances under which ihe note was given, were these : Certain persons and…
1Opinion of the CourtBaldwin, J.
This motion presents two subjects to our consideration : the rejection of the evidence, and the correctness of the charge.
It is a general rule of evidence, that the contents of a written instrument, can never be proved by parol, until the paper is proved to be lost; or until it shall be satisfactorily shewn to the court, that it cannot, by due diligence, be obtained. In this case, it is not pretended, that any attempt has been made to procure the document. Reliance is placed on these circumstances alone, that it is out of the jurisdiction of the court, and in the hands of the assignees.…
2Cited by6 opinions
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849
- Calechman v. Great Atlantic & Pacific Tea Co.Supreme Court of Connecticut · 1935
- Fitch v. WaiteSupreme Court of Connecticut · 1823
- Humphries v. McCrawSupreme Court of Arkansas · 1843
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