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Ford v. Smith

Supreme Court of California
Jul 1, 1855
5 Cal. 314 (Cal. 1855)

Opinion

         Appeal from the County Court of Contra Costa County.

         COUNSEL:

         Mills & Allen, for Appellant.

          M. J. Chase, for Respondent.


         No briefs on file.

         JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.

         OPINION

          HEYDENFELDT, Judge

         Upon the trial, the defendant introduced receipts of one Hesse to prove payments made to Hesse by defendant, on the joint account of plaintiff and defendant, and for a proportion of which plaintiff was claimed to be liable to defendant.

         These receipts were mere secondary evidence; the best evidence would have been the sworn testimony of Hesse as to the payment made to him, or of any one else who saw the money paid.

         For the error in admitting this evidence, the judgment is reversed, and the cause remanded.


Summaries of

Ford v. Smith

Supreme Court of California
Jul 1, 1855
5 Cal. 314 (Cal. 1855)
Case details for

Ford v. Smith

Case Details

Full title:Jerry Ford, Appellant, v. N. B. Smith, Respondent

Court:Supreme Court of California

Date published: Jul 1, 1855

Citations

5 Cal. 314 (Cal. 1855)

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