Coleman v. Wolcott
Supreme Court of Connecticut
MOTION for a new trial. ' ' . \ . ⅜ ror the nature or the action, see the report of this case, 011 a writ of 0"OT, ante, p. 6 — 29. On the trial to the jury before the superior court, the . . plaintiff offered m evidence a paper purporting to be a c°py the covenant stated in his declaration ; to the admission of which the defendant objected, unless the _ . J plaintiff should first show that the original had been lost.
Read the full summary
MOTION for a new trial. ' ' . \ . ⅜ ror the nature or the action, see the report of this case, 011 a writ of 0"OT, ante, p. 6 — 29. On the trial to the jury before the superior court, the . . plaintiff offered m evidence a paper purporting to be a c°py the covenant stated in his declaration ; to the admission of which the defendant objected, unless the _ . J plaintiff should first show that the original had been lost. The plaintiff then offered himself as a witness to make affidavit to establish the loss. To this evidence the defendant objected) but the court overruled the objection, , , , .…
1Opinion of the CourtSwift, J.
This was an action on a covenant; and the plaintiff alleged that the deed on which the action was brought was lost.
The court admitted the plaintiff, on the trial of the cause, to make affidavit of the loss of the instrument. After verdict, the defendant moved for a new trial on that ground; and the question is, whether it is competent for the plaintiff to testify to the loss of an instrument on which his action is brought, and which is averred to be lost.
Anciently, when written instruments were lost, or destroyed by time or accident, the remedy was in chancery ; and for some time, there was a…
2Cited by9 opinions
- Swift v. StevensSupreme Court of Connecticut · 1832
- Fitch v. BogueSupreme Court of Connecticut · 1848
- Witter v. LathamSupreme Court of Connecticut · 1837
- Hinsdale v. MilesSupreme Court of Connecticut · 1824
- Palmer v. LoganIllinois Supreme Court · 1841
4 more not listed; retrieve them via the Exa API.