Krise v. Neason

Citations

• 66 Pa. 253
• 1871 Pa. LEXIS 23

Syllabus

<p>1. To make a copy of a lost instrument admissible, the evidence of the genuineness of the original must be of the most positive kind.</p> <p>2. V. and Gr. executed an agreement and jointly delivered it to R. to keep; he was the agent of both for that purpose.</p> <p>3. It was R.’s duty not to part with it to any one and to furnish'a copy when required, to either party.</p> <p>4. R.’s acknowledgment of a paper produced by him as the original was primfi. facie evidence of its genuineness.</p> <p>5. One witness swearing to tbe handwriting in a paper is sufficient to take it to the jury, although he may be contradicted by any number of witnesses or circumstances.</p> <p>6. The question of admissibility for the court is always the prima facies;</p> <p>the sufficiency is for the jury. ^</p> <p>7. R. died, search amongst his papers was all that was required to admit secondary evidence.</p> <p>8. R. was called on for the paper, he made á copy which he gave to the witness to whom he read the original, for comparison. R. being the agent of both, the presumption was that he-read correctly.</p> <p>9. Whether one reading the original-to another holding a copy or whether the copy and original should not change hands; not decided.</p> <p>10. Oauffman v. Presbyterian Congregation, 6 Binn. 59, récognised.</p>