Opinion
Gen. No. 43,415. (Abstract of Decision.)
Opinion filed April 2, 1947 Released for publication April 25, 1947
EVIDENCE, § 654.1 — admissibility of photostatic copy of assignment of conditional sales contract. In trial involving issue, as between administrator and respondent, of right to automobile purchased by deceased on conditional sales contract, photostatic copy of alleged assignment by deceased to respondent of such contract was improperly excluded, where there was evidence that assignment existed, that original instrument was lost about three weeks after photostatic copy was made and that respondent made diligent search to find original, and both respondent and witness testified that they saw deceased sign original, and at trial written notice was served upon administrator to produce original, otherwise respondent would offer photostatic copy in lieu thereof.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Reversed and remanded for further proceedings. Heard in the third division, first district, this court at the April term, 1945.
Ellis Westbrooks, for appellant;
Richard E. Westbrooks, of counsel;
Henry C. Ferguson, for appellee.
Not to be published in full. Opinion filed April 2, 1947; released for publication April 25, 1947.