Reddelien v. Atkinson

Citations

• 46 Pa. Super. 159
• 1911 Pa. Super. LEXIS 254

Syllabus

<p>Evidence — Written instruments — Notice to produce — Secondary evidence — Check—Stub of check.</p> <p>1. A copy of a paper cannot bo admitted in evidence where the original is in the possession of the opposite party, unless there has been preliminary proof of a notice to produce the original.</p> <p>2. In an action to recover the amount of an alleged loan made by a decedent the fact of the loan cannot be established by memoranda made on the stubs in the check book of the decedent, on the theory that such memoranda were to be treated as entries in a book of original entries.</p>