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Home » Law Dictionary » D » DUPLICATES

DUPLICATES

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

When two written documents are substantially alike, so that each might be a copy or transcript from the other, while both stand on the same footing as original instruments, they are called “duplicates.” Agreements, deeds, and other documents are frequently executed in duplicate, in order .that each party may have an original in his possession. State v. Graffam, 74 Wis. 643, 43 N. W. 727; Grant v. Griffith, 80 App. Div. 107, 56 N. Y. Supp. 791; Trust Co. y. Codington County, 9 S. D. 159, 68 N. W. 314;Michaels v. Wechsler, 36 N.Y. Supp. 72; Nelson v. Blakey, 54 Ind. 36.
A duplicate is sometimes defined to be the “copy” of a thing; but, though generally a copy, a duplicate differs from a mere copy, in having all the validity of an original. Nor, it seems, need it be an exact copy. Defined also to be the “counterpart” of an instrument; but in indentures there is a distinction between counterparts executed by the several parties respectively, each party affixing his or her seal to only one counterpart and duplicate originate, each executed by all the parties. Toms v. Cuming, 7 Man. A G. 91, note. The old indentures, charters, or chirographs seem to have had the character of duplicates. Burrill.
The term is also frequently used to signify a new original, made to take the place of an Instrument that has been lost or destroyed, and to have the same force and effect Benton y. Martin, 40 N. Y. 347.
In English law. The certificate of discharge given to an insolvent debtor who takes the benefit of the act for the relief of Insolvent debtors.
The ticket given by a pawnbroker to the pawner of a chattel. Duplicate taxation. The same as “double” taxation. See DOUBLE. Duplicate will. A term used In England, where a testator executes two copies of his will, one to keep himself, and the other to be deposited with another person. Upon application for probate of a duplicate will, both copies must be deposited in the registry of the court of probate.

Related Posts:

  • COUNTERPART
  • ORIGINAL
  • INTERCHANGEABLY
  • CERTIFIED COPY
  • COPY
  • DUPLICATE

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