Goodrich v. Weston
Massachusetts Supreme Judicial Court
Contract for work and materials. At the trial in the superior court, before Morton, J., notice was given by the defendant to the plaintiffs to produce all letters received by them from him, and they accordingly produced several letters, which they testified were all that, after search, they could then find in their possession.
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Contract for work and materials. At the trial in the superior court, before Morton, J., notice was given by the defendant to the plaintiffs to produce all letters received by them from him, and they accordingly produced several letters, which they testified were all that, after search, they could then find in their possession. The defendant then offered copies of several other letters which he testified that he deposited in the post-office, directed to the plaintiffs, postage prepaid. He also testified that these letters were first copied in his letter-book by a machine press; that his wife…
1Opinion of the CourtWells, J.
The defendant, by giving notice to produce the original letters written by him to the plaintiffs, had entitled himself to prove their contents by secondary evidence. He produced copies, made by his wife from his letter-book, into which the originals bad been first copied by a machine press; and testified that he had compared these copies with those in the letter-book, and that they were correct. He also testified that he deposited the originals in the post-office, directed to the plaintiffs. The offer to send for the letter-book, and produce it n court if desired, must be taken at least to…
2Cases cited2 opinions
- Winn v. PattersonSupreme Court of the United States · 1835
- Robertson v. LynchNew York Supreme Court · 1821
3Cited by8 opinions
- Williamson v. Cambridge RailroadMassachusetts Supreme Judicial Court · 1887
- Schwartz v. Germania Life InsuranceSupreme Court of Minnesota · 1875
- Smith v. BrownMassachusetts Supreme Judicial Court · 1890
- Quinn v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1924
- Atherton v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1871
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