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2 Colo. L. Rep. 95

Barons v. Brown

Supreme Court of Kansas

Decided July 15, 1881

Supreme Court of Kansas · decided 1881-07-15

<p> Ibid. </p> <p>(25 Kan.)</p> <p> Evidence—‘Telegraphic Message—Secondary Evidence. </p>

Decided 1881-07-15

¶1Op. by

Horton, C. J.

¶2Where the controversy is not between the sender and the person to whom a telegram is addressed, and the contents of such message are material, the original message, if not lost or destroyed, must be produced, it being the best evidence ; and, in case of its loss, or inability to produce it from other cause, the next best evidence the nature of the case will admit of must be furnished. If there is a copy of the message existing, it should be produced; if not, then the contents of the message should be shown by parol testimony.

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