¶1There was a notice served on the defendant to produce a Jt. fa. on the trial, or that the plaintiff would proVe it by parol. It appears that no copy of this notice was kepi. We think it might be proved by an affidavit of its contents. In this instance there is no other way to establish it, and the defendant has it in his power, by producing the original, to correct mistakes. In Tid'd’s forms, notices are proved, by affidavits of the substance of their contents,
3 Cai. Cas. 174
Tower v. Wilson
Decided August 15, 1805
New York Supreme Court · decided 1805-08-15
THE only point was, whether a party who has served a notice, without keeping a copy of it, might give parol evi« dence of its contents ?
Decided 1805-08-15