1 How. Pr. 228
Decided September 15, 1845
New York Supreme Court · decided 1845-09-15
Motion by defendant for judgment as in case of non-suit, after stipulation to try at the Delaware circuit.—This was an action for libel, the letter containing the libel, was written by Ames the defendant in the name of the firm of Ames & Rood, to one Gilbert; the plaintiff procured ! a copy of the letter from Gilbert, and several weeks before the circuit subpoenaed Gilbert with a subpoena duces tecum to produce the original letter on the trial.
Decided 1845-09-15
¶1Plaintiff insisted that the change of possession of the original letter was a trick, to avoid its production on the trial at the circuit, and in consequence thereof, it was too late for him to procure the testimony of Rood at the circuit, or his refusal to attend, so that parol evidence could be given of its contents.
¶2Denied theunotion, with costs, for that reason.