Ford v. Smith (1855) · DecisionDepot

Ford v. Smith

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1855Published

Before: Heydenfeldt

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Holding. The court held that receipts from a third party are inadmissible as secondary evidence to prove payments made on a joint account when better evidence, such as sworn testimony, is available.

Issues

Whether receipts from a third party are admissible as evidence of payment on a joint account.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“These receipts were mere secondary evidence; the best evidence would have been the sworn testimony of Hesse as to the payment tiiade 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.”

Synopsis

Receipts executed by a third party, acknowledging the payment ol' money, are but secondary evidence, as the party executing them is a competent witness to prove the payments, or any other person who saw the payments made.

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

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 tiiade 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.

Ford v. Smith

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