Crawford v. Hodge

Bleckley, Chief Justice.

It is true that a notice in writing to sue, which a surety has given to the creditor, is the best evidence of its own contents, and notice to produce it at the trial ought to be given as preliminary to the introducton of secondary evidence. This is the general rule. Frank vs. Longstreet, 44 Ga. 178; Lathrop vs. Mitchell, 47 Ga. 610. But there is only a feeble presumption that such a paper has been preserved by the creditor, and when that presumption has been overcome by the creditor’s declarations that the document is lost, that after diligent search it could not be…