Lockwood v. L. & L. Freight Lines, Inc.
| Decision Date | 11 December 1936 |
| Court | Florida Supreme Court |
| Parties | LOCKWOOD v. L. & L. FREIGHT LINES, Inc. |
Rehearing Denied Dec. 23, 1936.
Certiorari by S. A. Lockwood to compel the Circuit Court to quash a judgment reversing a judgment of a subordinate court in favor of petitioner against the L. & L. Freight Lines, Inc.
Certiorari denied.
COUNSEL John O. Jackson and Evan T. Evans, both of Jacksonville, for petitioner.
Leo P Kitchen and Dan R. Schwartz, both of Jacksonville, for respondent.
This is an application for a common-law writ of certiorari to the circuit court of Duval county to quash a judgment of that court reversing a judgment of a subordinate court over which it exercises appellate jurisdiction.
The civil court of record of Duval county admitted in evidence, as a duplicate original, a carbon copy of a letter purported to have been written by plaintiff to defendant, the introduction of which was deemed material to plaintiff's case. The defendant objected to the receipt of same in evidence on the ground that a mere carbon copy of a letter, kept by the addressor, cannot be considered a duplicate original of the primary copy of the same letter alleged to have been signed and forwarded by mail to the addressee, nor can the same be adduced in evidence over the objection of the alleged addressee, absent the laying of a proper foundation for the introduction of the carbon copy as secondary evidence of the original alleged to have been signed and sent by mail to the purported addressee. The trial court overruled the objection. The appellate court reversed because of same.
Where a writer desiring to preserve a copy of a letter writes at the same time two copies exactly alike, one a primary typewritten copy, and one a carbon copy, made simultaneously with the primary copy, through the same writing action of the typewriter, it is a matter of indifference, so far as the law of the evidence is concerned, which copy is signed and forwarded to the addressee and which is kept by the sender. The one sent becomes the original and the one kept is a mere copy, no matter by what force of evidence it is shown to be an absolutely accurate copy. McDonald v. Hanks, 52 Tex.Civ.App. 140, 113 S.W. 604.
The situation is different from that where, by the intention of the maker of several writings, the execution of a primary typewritten copy of a writing in connection with one or...
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Green v. Hood, 1229
...v. Braxton, 1894, 34 Fla. 471, 16 So. 317. However, there is an applicable and more contemporary Florida case, Lockwood v. L. & L. Freight Lines, 1936, 126 Fla. 474, 171 So. 236, which holds that where such a carbon copy is retained by the sender, it constitutes only a copy and is admissibl......
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Hall v. Pierce
...the writer signs the carbon copy, mails it and places the original in his files; the same result follows. Lockwood v. L. & L. Freight Lines, Inc., 126 Fla. 474, 171 So. 236. If the letters which Mr. Pierce had written to his correspondents in Texas, California and elsewhere had been produce......
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State Ex Rel. L. & L., Inc. Freight Lines v. Barrs
... ... BUFORD, ... Writ of ... error in this case brings for review judgment of the circuit ... court of Duval county denying rule nisi in prohibition and ... denying motion to make such rule nisi in prohibition ... absolute ... The ... record shows that one Lockwood commenced an action at law in ... the civil court of record of Duval county, Fla., and on ... August 31, 1935, filed his declaration naming L. & L. Freight ... Lines, Inc., defendant; that on November 4, 1935, defendant ... filed its pleas to the declaration. Issue was joined thereon ... On ... ...