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1 D.C. 99

Smith v. Carolin

District of Columbia District Court

Decided November 15, 1802

District of Columbia District Court · decided 1802-11-15

Debt on a promissory note. Mr. Jones, for the plaintiff, produced a note having a subscribing witness who was not present in court, and offered to prove that the defendant acknowledged the note to be his. objected, and cited Esp. N. P. 256, 781.

Decided 1802-11-15

The CouRT

¶1refused to admit the testimony, on the general ground that the non-production of the subscribing witness induces a suspicion that if produced, he would testify something to the defendant’s advantage. Peake, L. E. 7, 64, 65, 66.

Kilty,C. J., contra.

¶2The plaintiff became nonsuit.

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