Handly v. Call
Supreme Judicial Court of Maine
This case is upon exceptions and upon two motions for a new trial. The facts on which the plaintiff relied, were stated by his counsel to be in substance as follows, viz.: — That the plaintiff purchased several lots of land, in payment of debts, of one Harrington, who was in failing circumstances, and caused the deeds, to be immediately recorded ; that Harrington, at the same time, was largely indebted to the defendant; that two days after said conveyances, the defendant…
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This case is upon exceptions and upon two motions for a new trial. The facts on which the plaintiff relied, were stated by his counsel to be in substance as follows, viz.: — That the plaintiff purchased several lots of land, in payment of debts, of one Harrington, who was in failing circumstances, and caused the deeds, to be immediately recorded ; that Harrington, at the same time, was largely indebted to the defendant; that two days after said conveyances, the defendant made a writ upon his demand against Harrington, and dated the same back to the day prior lo said conveyances, and procured…
1Opinion of the CourtShepley, C. J.
— The first question presented by the exceptions is, whether copies of the record of two deeds from William P. Harrington to the plaintiff, were improperly admitted as evidence. After testimony had been introduced to *13prove the loss of the deeds, the copies were admitted “ provided plaintiff should file an affidavit of their loss, which was not done.”
The deeds had been in the office of Messrs. Hussey & Coffin, whose partnership was dissolved in the month of April, 1843, Mr. Hussey states in his testimony, that ho does not know, whether Mr. Coffin took them or not; that he had no knowledge,…
2Cases cited3 opinions
- Jones v. GardnerNew York Supreme Court · 1813
- Hall v. DeanNew York Supreme Court · 1816
- Barnard v. FisherMassachusetts Supreme Judicial Court · 1810
3Cited by3 opinions
- Carr v. . American Locomotive Co.Supreme Court of Rhode Island · 1910
- Gaff v. SpellmeyerAppellate Court of Illinois · 1883
- Vose v. MayoU.S. Circuit Court for the District of Maine · 1871