Rhode v. McLean

Citations

• 101 Ill. 467
• 1882 Ill. LEXIS 111

Syllabus

<p>1. Secondaby evidence—as to contents of lost instrument—of the diligence required. While it may be true that every one into whose hands a writing has been traced should be produced before admitting secondary evidence of its contents, yet where the evidence shows the instrument to have been destroyed, no further proof is required in order to admit such evidence.</p> <p>2. Same—sufficiency of proof of a copy. On the question of the admissibility of a copy of an appeal bond in evidence, in a case where the principal had obtained and destroyed the original, the clerk of the court testified that he looked at the bond when handed him, and saw it was in the sum required by the order of the court, and that it was signed by the defendants, before he approved the same; that he could not swear whether the copy shown him was a copy or not; that he did not read the original bond through; that he only read far enough to see that it was an appeal bond in the case, and that the amount conformed to the order of the court, and who the sureties were, and that they were good; that his recollection was that the bond handed him by the defendant was on a printed blank; that the copy shown him was on a blank such as he generally used in the office; and that the defendant got a blank from him to fill up, in the case in which the appeal was taken: Held, that the proof was sufficient that the copy exhibited was in substance a copy of the appeal bond.</p> <p>3. Evidence—admission of principal evidence against his surety. The admission of the principal in an appeal bond that the bond was destroyed, he having taken it from the clerk’s office and never hating returned it; is evidence of the fact of its destruction, not only as against himself, but against his co-obligors as well.</p> <p>4. Surety—signing on condition unknown to obligee. The fact that,a party signing an appeal bond as a surety, signed the same and left the bond in the hands of the principal upon condition others were also to ex