Caswell v. Ross
Wyoming Supreme Court
ERROR to the District Court, Crook County; Hon. E. C. Raymond, Judge. . Action by Dora B. Caswell against John A. Ross to recover upon a lost note. There was a judgment for defendant and plaintiff brings error. It was clearly established that the note in question had been introduced in evidence upon the trial of a former case between the same parties.
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ERROR to the District Court, Crook County; Hon. E. C. Raymond, Judge. . Action by Dora B. Caswell against John A. Ross to recover upon a lost note. There was a judgment for defendant and plaintiff brings error. It was clearly established that the note in question had been introduced in evidence upon the trial of a former case between the same parties. It was delivered to the reporter and lost; the making of the note was not denied in the former trial; its loss was not the fault of plaintiff in error. This should be sufficient evidence of loss to warrant the admission of secondary evidence as…
1Opinion of the Court
PotteR, Justice.
This case is here on error, for the review of a judgment rendered in favor of the defendant in the court below, and the only point urged as ground for reversal is that the evidence is insufficient to sustain the findings and judgment. Indeed it is contended that they are not supported by any evidence.
The action was brought by Dora D. Caswell against John A. Ross on a promissory note alleged to have been lost. The petition alleges, in substance, that on April 2, 1903, the defendant made, executed and delivered to the plaintiff his promissory note in writing for the sum of $365…
2Cases cited11 opinions
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Sebree v. DorrSupreme Court of the United States · 1824
- Simpson & Co. v. DallSupreme Court of the United States · 1866
- Doughty v. FunkSupreme Court of Oklahoma · 1909
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
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