Jefferson v. Conoway

5 Del. 16

Opinion

The Court

said, if this was a duplicate original it might be proved; if a mere copy taken by the witness to prove the contents of one delivered to defendant, he ought to have had notice to produce, the original, to compare the copy with it and prevent mistakes or surprise. But whether this is admitted or not, the defendant may prove the demand, which was not required to be in writing.

The witness could not prove either that the paper was a duplicate original, or that it was an exact copy, though he said they were substantially the same.

The court, on this account, ruled the paper out, and the plaintiff was nonsuited.