Sampson v. Johnson

U.S. District Court

Decided December 15, 1814

U.S. District Court · decided 1814-12-15

Assumpsit for freight. The defendant proved that there was a written charter-party signed by Carnes and Johnson, and that the defendant had one part, and the plaintiff the other. The defendant required the plaintiff to produce his part.

Decided 1814-12-15

¶1But

THE COURT

¶2refused to compel him. The defendant then produced his part, which had a subscribing witness (Thomas L. Griffin,) and offered to prove by another witness, (not a subscribing witness,) the handwriting of the parties. That the subscribing witness lives in Richmond, Virginia, one hundred and twenty miles from Washington. No measures having been taken to obtain his testimony, THE COURT refused to suffer the charter-party to be given in evidence.

¶3■ THE COURT permitted the captain’s protest to be given in evidence, to corroborate his testimony.