Chalvet v. Huston
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of (lie Supreme Court of the District of Columbia, on a verdict for the defendant directed by the Court, in an action to recover a certain amount alleged to have been loaned by the plaintiff to ihe defendant.
Read the full summary
Hearing on an appeal by the plaintiff from a judgment of (lie Supreme Court of the District of Columbia, on a verdict for the defendant directed by the Court, in an action to recover a certain amount alleged to have been loaned by the plaintiff to ihe defendant. The Court in the opinion stated the facts as follows: Appeal from a judgment upon a directed verdict for the defendant, William D. Huston, appellee here, in an action for the recovery of $1,935 alleged to have been loaned the defendant by Peter Chalvet the plaintiff. The plaintiff’s evidence, in the form of a deposition, was…
1Opinion of the CourtJustice Robb
It was error to exclude the testimony of the plaintiff as to *81the contents of the lost letter which his whfe had read to him. Gulliford v. McQuillen, 75 Kan. 454, 89 Pac. 927; Ryland v. Heney, 130 Cal. 426, 62 Pac. 616. The letter having been lost, and the person who read it to the plaintiff having died, the testimony offered was the best evidence obtainable. The weight of such evidence, however, is for the determination of the jury. Laster v. Blackwell, 128 Ala. 143, 30 So. 663; Apperson v. Doway, 82 Va. 770, 1 S. E. 105.
Having in mind the oft-repeated rule that a verdict should be directed…
2Cases cited4 opinions
- Laster v. BlackwellSupreme Court of Alabama · 1900
- Ryland v. HeneyCalifornia Supreme Court · 1900
- Apperson v. DowdySupreme Court of Virginia · 1887
- Gulliford v. McQuillenSupreme Court of Kansas · 1907
3Cited by3 opinions
- Birchall v. Capital Transit Co.District of Columbia Court of Appeals · 1943
- Glennon v. Travelers Indemnity Co.District of Columbia Court of Appeals · 1952
- Nu Car Carriers, Inc. v. TraynorCourt of Appeals for the D.C. Circuit · 1942