Hanson v. Eustace's Lessee,
Annotate this Case
43 U.S. 653 (1844)
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U.S. Supreme Court
Hanson v. Eustace's Lessee, 43 U.S. 2 How. 653 653 (1844)
Hanson v. Eustace's Lessee
43 U.S. (2 How.) 653
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA
A refusal to produce books and papers under a notice lays the foundation for the introduction of secondary evidence of their contents, but affords neither presumptive nor prima facie evidence of the fact sought to be proved by them.
Where the fact sought to be proved by the production of books and papers is the existence of a deed from one of the partners of a firm to the firm itself secondary proof that an entry existed on the books of a transfer of real estate to the firm, that an account was open in them with the property, that the money of the firm was applied to the consideration of the purchase, that the persons who erected new buildings on the property were paid by the notes and checks of the firm, which buildings were afterwards rented in the name, and partly furnished through the funds of the partnership, and that the taxes were paid in the same way, is not sufficient for the presumption of a deed by a jury, as a matter of direction from the court.