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49 Minn. 420

Berg v. Peterson

Supreme Court of Minnesota

Decided May 3, 1892

Supreme Court of Minnesota · decided 1892-05-03

Appeal by defendant Hans 0. Peterson from an order of the Municipal Court of the city of Minneapolis, Mahoney, J., made March 2, 1892, denying his motion for a new trial. Action upon a promissory note for $450, dated December 27,1890, payable to the order of the plaintiff three months thereafter. The defendant by his answer denied that he made, executed, or delivered the note. The action was tried December 24, 1891. A jury was waived.

Relies on Snell v. Bray

Good law ✅— No negative treatment on recordhow we know

Decided 1892-05-03

How this case has been cited

Cited by 5 later decisions — most recently March 2010

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mitchell, J.

¶1The issue on the trial of this cause was the genuineness of defendant’s signature to the note in suit.

¶2Aside from the admissions of the writer himself, the genuineness of a disputed handwriting may be proved by the testimony of two classes of witnesses: First, those who are personally acquainted with the handwriting of the person supposed to have written it; second, those who, although wholly unacquainted with the party’s handwriting, are competent to testify, by a comparison by juxtaposition, of a writing proved or admitted to be the party’s handwriting, with the writing disputed.

¶3Most of the assignments of error proceed upon the erroneous assumption that the witnesses for the plaintiff were of the latter class. Of course, all evidence of handwriting, except where the witness saw the disputed document written, is, in a sense, in its nature comparison. It is the belief which a witness entertains upon comparing the writing in question with an exemplar in his mind derived from some previous knowledge. Doe v. Sucker more, 5 Adol. & E. 703-730.

¶4But that is not what is meant in law by proof of handwriting by comparison.

¶5There are two modes of acquiring personal knowledge of the handwriting of another, either of which is sufficient to enable a witness to testify to its genuineness.

¶6One is from having seen him write. The other is from having seen letters or other documents “purporting to be the handwriting of the party, and having afterwards personally communicated with him respecting them, or acted upon them as his, the party having 'known or acquiesced in such acts, founded upon their supposed genuineness, or by such adoption of them into the ordinary business *423transactions of life as induces a reasonable presumption of tbeir being bis own writings.” 1 Greenl. Bv. § 577.

(Opinion published 52 N. W. Rep. 37.)

¶7It is on this ground that clerks, cashiers, or other officers of banks at which a party has been accustomed to do business may be competent to prove his handwriting, although they may never have seen him write. Marieta v. Wolfhagen, 2 Car. & K. 744; Snell v. Bray, 56 Wis. 156, (14 N. W. Rep. 14;) 9 Amer. & Eng. Enc. Law, p. 269 et seq.

¶8The witnesses for the plaintiff were all competent, as persons having personal acquaintance with defendant’s handwriting, acquired from such or similar sources.

¶9This disposes of all the assignments of error that, are worthy of any special notice.

¶10Order affirmed.

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