Supreme Court of Connecticut, 1793

Branch v. Riley

Branch v. Riley
Supreme Court of Connecticut · Decided March 15, 1793
1 Root 541

Branch v. Riley

Opinion of the Court

By the Court.

This testimony cannot be received. The defendant by being defaulted has admitted the plaintiff’s right of action, and no sufficient excuse is assigned why he cannot produce said writing; its being lost may be the effect of his own negligence and not of any inevitable accident. Besides, if he has such a writing, his proper remedy is by action upon if. See Phillips v. Halsey, New London, March Term, A. D. 1790.

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