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eBook details

• Title: Dwyer v. Dunbar
• Author : United States Supreme Court
• Release Date : January 01, 1866
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Mr. Carlisle, for the plaintiff in error: 1. It appears, by Ray's deposition, that he was employed by William Dunbar as the assignee of George, in the capacity of agent to assist him in settling up the indebtedness of George; and that on the meeting of Dwyer's creditors Ray represented and was present for W. Dunbar. Green deposes, in effect, to the fact that Dunbar was a party to the arrangement that Smyth should settle the claims of the New York creditors against Dwyer; and Ray himself deposes as to the letter of May 22, 1856, written by him to Dwyer. In this state of the evidence the court erred in excluding Russell's deposition. Conceding that whether there was sufficient proof of the agency to warrant the admission of the deposition was a preliminary question for the court to determine, it is insisted that here the proof was sufficient.1 The deposition should have been read so soon as there was evidence of authority or acquiescence sufficient to be weighed by the jury.2

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