Mason Fruit Jar Co. v. Paine, Diehl & Co.
Mason Fruit Jar Co. v. Paine, Diehl & Co.
Opinion of the Court
The admissibility of the offers of testimony by the rejected questions propounded to Miss Dickson, depends entirely upon her ability to identify the person who was in conversation with Mr. Paine at the time and place to which the questions refer. She did not see the person and repeatedly stated that she did not know who he was. She inferred, for a reason which she stated, that he was a representative of the Fruit Jar Co. But she did not see him, he was in another room, and when the gentleman who, it was alleged by the defendants, was the one who was engaged in the conversation in question, was pointed out to her in the court room, she distinctly said she could not identify him as being the person whom she heard. Without such identification, his declarations were not admissible. The witness knew Mr. Grange, the person in question, but she
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.