Sebree v. Dorr,
Annotate this Case
22 U.S. 558 (1824)
- Syllabus |
U.S. Supreme Court
Sebree v. Dorr, 22 U.S. 9 Wheat. 558 558 (1824)
Sebree v. Dorr
22 U.S. (9 Wheat.) 558
In a declaration upon a promissory note, the omission of the place where it is payable is fatal.
Secondary evidence of the contents of written instruments is not admissible when the originals are within the control or custody of the party.
This rule of evidence is not dispensed with by the local statutes of Kentucky, which provide that no person shall be permitted to deny his signature as maker or assignor of a note in a suit against him unless he will make an affidavit denying the execution or assignment. These statutes do not dispense with proof of the existence of the instrument or of the right of the party to hold it by assignment.