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Herzig v. Swift & Co.

United States Court of Appeals for the Second Circuit

146 F.2d 444 (2d Cir. 1945)

Evidence
Relevant factsFree

In a wrongful death action's damages phase, Herzig (plaintiff) sought to introduce testimony from the deceased's business partner about the partnership's earnings and the deceased's share of them. The district court excluded the testimony, ruling that the best evidence rule required producing the partnership's actual books instead, and Herzig appealed.

IssueFree

Whether a partner may testify to a partnership's earnings from his own personal knowledge without producing the partnership's underlying financial books.

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