Anglo-American Packing & Provision Co. v. Cannon

• Decision Date: 16 June 1887
• Citation: 31 F. 313
• Parties: ANGLO-AMERICAN PACKING & PROVISION CO. v. CANNON.
• Court: U.S. District Court — Southern District of Georgia

31 F. 313

ANGLO-AMERICAN PACKING & PROVISION CO. v. CANNON.

United States Circuit Court, S.D. Georgia, Western Division.

June 16, 1887

Bacon &amp Rutherford, for plaintiffs.

Dessan & Bartlett, for defense.

STEER J.

The plaintiff brought his action for breach of contract relating to the sale of a large quantity of meat, which the defendant refused to receive. The plaintiff tendered in evidence certain copies of telegrams, which were relied on to show the contract. The defendant objected to the admission of the copies, because the original telegrams were the best evidence, and because the failure to produce them was not sufficiently explained to warrant the admission of secondary evidence. Upon this point the evidence of the plaintiff's agent was that the copies were accurate, and that the originals 'were lost or destroyed.' There was no evidence of any effort on the part of the plaintiffs to procure the originals, if lost, or to explain the manner of their destruction, if destroyed. The rule requiring the production of the best evidence, of which the case in its nature is susceptible, is adopted for the prevention of fraud, and is declared to be essential to the pure administration of justice. 1 Greenl.Ev. 82. By requiring the production of the best evidence, the law denies the admissibility of that evidence which is merely substitutionary in its nature, when the original evidence can be had. Until it is shown that the production of the primary evidence is out of the parties' power, no other proof of the fact is in general admitted. Id. 84; Sebree v. Dorr, 9 Wheat. 558-563.

This principle has been well expressed in that admirable codification, which is of such value to the profession and the judiciary in this state. 'The best evidence which exists of the facts sought to be proved must be produced unless its absence is satisfactorily accounted for. ' Code Ga. Sec. 3760. Now, a telegram is a document which is executed in counterpart. Each counterpart is primary evidence as against the party executing it. Greenl. Ev. 84, note a and authorities there cited. It has been held that the copy delivered at the other end of the line is the original. Durkee v. Vermont Cent. Ry. Co., 29 Vt. 127. It has been also held that the copy filed in the office whence the message is sent is the original. Matteson v. Noyes, 25 Ill. 591. But here the plaintiff produces, neither the telegram sent nor the telegram delivered, stating generally that the originals are lost or destroyed, -- a mere...