Reddelien v. Atkinson
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1907, No. 4, 731, on verdict for plaintiff in case of Josephine H. Reddelien, Administratrix d. b. n. c. t. a. of the Estate of Caroline N. Hollingsworth, deceased, v. Margaret D. Atkinson. Assumpsit to recover the amount of an alleged loan from the decedent to the defendant.
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Appeal, No. 142, Oct. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1907, No. 4, 731, on verdict for plaintiff in case of Josephine H. Reddelien, Administratrix d. b. n. c. t. a. of the Estate of Caroline N. Hollingsworth, deceased, v. Margaret D. Atkinson. Assumpsit to recover the amount of an alleged loan from the decedent to the defendant. At the trial when D. Webster Dougherty was on the stand he was asked this question: “ Q. Is this a copy of the letter you sent to Mrs. Atkinson? [Witness shown letter.] A. Yes, sir.” Mr. Meagher: I offer the letter in…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff offered in evidence, a copy of a letter written by her counsel to the defendant, without any preliminary proof of a notice to produce the original. Though an objection was made it was overruled by the court, and the letter was received and read to the jury (first assignment).
This court held in Cottom v. Wiley, 39 Pa. Superior *162Ct. 507, that it was against principle to admit a copy of any private paper without accounting for the n'onproduction of the original; a copy, in its nature, is less satisfactory evidence than the original, and when the original is in…
2Cases cited10 opinions
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- In re Estate of FultonSupreme Court of Pennsylvania · 1896
- Corr v. SellersSupreme Court of Pennsylvania · 1882
- Eilbert v. FinkbeinerSupreme Court of Pennsylvania · 1871
- In re Estate of MillerSupreme Court of Pennsylvania · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Laning's EstateSupreme Court of Pennsylvania · 1913
- Shaffer v. BahrSuperior Court of Pennsylvania · 1914
- Benedict EstatePennsylvania Orphans' Court, Franklin County · 1948
- Buch & Myers v. Good, Pennsylvania Court of Common Pleas, Lancaster County1934
- United States Gypsum Co. v. Birdsboro Steel Foundry & Machine Co., Pennsylvania Court of Common Pleas, Philadelphia County1943