Ford v. Whitaker

Supreme Court of South Carolina

Ford v. Whitaker

5 S.C.L. 244

DecidedNovember 15, 1812

StatusPublished

This text of 5 S.C.L. 244 (Ford v. Whitaker) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ford v. Whitaker, 5 S.C.L. 244 (S.C. 1812).

Pincite

Opinion

Nott, J.

It is a general rule of law, that when any fact is to be established by written evidence, the writing itself must be produced ; and parol evidence of its contents cannot be received, unless the party will shew that it was not in his power to produce. the writing. And if the defendant is charged with the act of another person on account of written instructions which he has given, those instructions ought to be produced, in order that the court may see the extent of his liability.

New trial granted.

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Nott, J.

It is a general rule of law, that when any fact is to be established by written evidence, the writing itself must be produced ; and parol evidence of its contents cannot be received, unless the party will shew that it was not in his power to produce. the writing. And if the defendant is charged with the act of another person on account of written instructions which he has given, those instructions ought to be produced, in order that the court may see the extent of his liability.

New trial granted.

Cite This Page — Counsel Stack

Bluebook (online)

5 S.C.L. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-whitaker-sc-1812.