Costigan v. Lunt
Massachusetts Supreme Judicial Court
Contract. Writ dated May 25, 1868. At the trial in the Superior Court at April term 1878, before Putnam, J., the plaintiff and the defendant both testified to a conversation which took place between them upon a matter material to the issue, the plaintiff testifying that at that interview the defendant expressed his satisfaction with the work, and said he had a check with him which he would give in payment for the work if the plaintiff would sign a paper agreeing to get the…
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Contract. Writ dated May 25, 1868. At the trial in the Superior Court at April term 1878, before Putnam, J., the plaintiff and the defendant both testified to a conversation which took place between them upon a matter material to the issue, the plaintiff testifying that at that interview the defendant expressed his satisfaction with the work, and said he had a check with him which he would give in payment for the work if the plaintiff would sign a paper agreeing to get the vessel off by the 1st of June; and the defendant denying this. The plaintiff then called Isaac Gr. Reed, for the purpose…
1Opinion of the CourtAmes, J.
It is a well established rule of evidence, that, in case of the death of a witness who testified at a trial, it may be shown at any subsequent trial between the same parties and upon the same issue what his testimony was. Any competent witness who heard it may testify what the evidence was. Commonwealth, v. Richards, 18 Pick. 434. 1 Phil. Ev. (4th Am. ed.) 389, 400. 1 Greenl. Ev. § 165. Such evidence is admissible, not because in its general nature it is the best that might be had, but because in the particular state of facts it is the best which the party offering it is able to produce. It…
2Cases cited2 opinions
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- Commonwealth v. Stuckrath, Pennsylvania Court of Common Pleas, Alleghany County1875
3Cited by10 opinions
- Commonwealth v. DiPietroMassachusetts Supreme Judicial Court · 1977
- Jaquith v. MorrillMassachusetts Supreme Judicial Court · 1910
- Ibanez v. WinstonMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. GlassmanMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. McKennaMassachusetts Supreme Judicial Court · 1893
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