Jones v. Finch
Mississippi Supreme Court
ERROR to the Circuit Court of Tippah county. Hon. John E. Cushman, judge. The only question for determination is, the admissibility of the testimony of A. Brown.
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ERROR to the Circuit Court of Tippah county. Hon. John E. Cushman, judge. The only question for determination is, the admissibility of the testimony of A. Brown. The court erred in admitting bis testimony as to the genuineness of the bank-bill in dispute ; because, first, the rule of law is, that the best evidence of which.the case, in its nature, is susceptible, must be produced. 1 Greenleaf, 82. The defendant in error should have had the depositions of the president and cashier, for the purpose of proving, that the ■ bank-bill was counterfeit, for that, certainly, was the best and only…
1Opinion of the CourtHandy, J.
This action was brought by the defendant in error, to recover of the plaintiff in error the amount of a bank-note of the Bank of Hamburg, South Carolina, which the latter had passed to the former for value, and which was alleged to be counterfeit.
The only question presented in the case, is whether the testimony of one Andrew Brown, Jr., a witness introduced in behalf of the plaintiff below, was admissible. That witness, on being produced and sworn, was asked by the plaintiff to examine the bank-note in question, which was shown to him, and to state whether or not it was a counterfeit. On…
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