Consolidated Grocery Co. v. Hammond
Court of Appeals for the Fifth Circuit
In Error and Cross-Error to the Circuit Court of the United States for the Southern District of Florida. Action by John T. Hammond against the Consolidated Grocery Company and others. Judgment for plaintiff, and both parties bring error. John T. Hammond brought suit against the Consolidated Grocery Company, a corporation, and 15 other corporations, for damages under the anti-trust act. Act July 2, 1890, c. 647, 26 Stat 209 (U. S. Comp.
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In Error and Cross-Error to the Circuit Court of the United States for the Southern District of Florida. Action by John T. Hammond against the Consolidated Grocery Company and others. Judgment for plaintiff, and both parties bring error. John T. Hammond brought suit against the Consolidated Grocery Company, a corporation, and 15 other corporations, for damages under the anti-trust act. Act July 2, 1890, c. 647, 26 Stat 209 (U. S. Comp. St. 1901, p. 3200). For brevity, Hammond will hereafter be referred to as the plaintiff and the other parties as the defendants. The following count from the…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). 1. One of the objections made to the admissibility of the letter was that it was not sufficiently proved or authenticated to make it admissible in evidence.
A letter is not a self-proving instrument, and proof of some kind tending to show its genuineness is always required. The mere contents of a written communication, purporting lo be a particular person’s, are, of themselves, not sufficient evidence of genuineness. 3 Wigmore on Evidence, § 2148. The only evidence offered to show that the letter was genuine was proof that the plaintiff received it “by…
2Cases cited6 opinions
- Smiths v. ShoemakerSupreme Court of the United States · 1873
- Béné v. JeantetSupreme Court of the United States · 1889
- Olive Land & Development Co. v. OlmsteadU.S. Circuit Court for the District of Southern California · 1900
- Insurance Co. of North America v. GuardiolaSupreme Court of the United States · 1889
- National Acc. Soc. v. SpiroCourt of Appeals for the Sixth Circuit · 1897
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3Cited by7 opinions
- McCurdy v. HughesNorth Dakota Supreme Court · 1933
- United States v. WolfsonDistrict Court, D. Delaware · 1971
- McGowan v. ArmourCourt of Appeals for the Eighth Circuit · 1918
- Vick Chemical Co. v. Thomas Kerfoot & Co.Court of Customs and Patent Appeals · 1935
- Moy Wing Sun v. PrentisCourt of Appeals for the Seventh Circuit · 1916
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