Wright v. Doe d. Tatham
Court of Exchequer Chamber
112 Eng. Rep. 488 (1837)
Relevant factsFree
Wright (defendant), a servant who inherited valuable property under Marsden's will, was accused by Marsden's heir Tatham (plaintiff) of fraudulently procuring the will from a man allegedly too mentally incompetent to manage his affairs. To prove Marsden's competence, Wright offered three letters written to Marsden by since- deceased authors, each addressing him respectfully as a rational, competent adult — offered to imply the writers' belief in Marsden's competence.
IssueFree
Whether evidence that implies the statement or opinion of a third person, offered to prove the truth of the matter in issue, is inadmissible as hearsay.