¶1were of opinion that this affidavit was not sufficient to justify the admission of other evidence of the handwriting of the defendant, nor to dispense with the testimony of the subscribing witness. The plaintiff suffered a nonsuit, but the court reinstated the cause on payment of costs.
20 F. Cas. 654
Rhodes v. Rigg
U.S. District Court
Decided April 15, 1802
U.S. District Court · decided 1802-04-15
Debt on bond, payment, non-payment, and issue. The defendant [John Rigg] offered an account in set-off. The plaintiff [William Rhodes] produced the defendant’s receipt, to which George Rhodes was a subscribing witness. The defendant objected to its being admitted in evidence unless proved by the subscribing witness, George Rhodes.
Decided 1802-04-15