Jefferson v. Conoway

Superior Court of Delaware

Jefferson v. Conoway

5 Del. 16

DecidedJuly 5, 1848

StatusPublished

This text of 5 Del. 16 (Jefferson v. Conoway) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jefferson v. Conoway, 5 Del. 16 (Del. Ct. App. 1848).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

5 Del. 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-conoway-delsuperct-1848.