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DUPLICATE Definition & Legal Meaning

Definition & Citations:

When two written documents are substantially alike, so that each mightbe a copy or transcript from the other, while both stand on the same footing as originalinstruments, they are called “duplicates.” Agreements, deeds, and other documents arefrequently executed in duplicate, in order that each party may have an original in hispossession. State v. Graffam. 74 Wis. 643, 43 N. W. 727; Grant v. Griffith, 39 App. Div.107, 56 N. Y. Supp. 701; Trust Co. v. Codington County, 9 S. D. 159, 68 N. W. 314;Nelson v. Blakey, 54 Ind. 36.A duplicate is sometimes defined to be the “copy” of a thing; but, though generallya 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 aninstrument; but in indentures there is a distinction between counterparts executed bythe several parties respectively, each party affixing his or her seal to only onecounterpart, and duplicate originals. each executed by all the parties. Toms v. Cuming,7 Man. & G. 91, note. The old indentures, charters, or chirographs seem to have hadthe character of duplicates. Burrill.The term is also frequently used to signify a new original, made to take the place ofan instrument that has been lost or destroyed, and to have the same force and effect.Benton v. Martin, 40 N. Y. 347.In English law. The certificate of discharge given to an insolvent debtor who takesthe benefit of the act for the relief of insolvent debtors.The ticket given by a pawnbroker to the pawner of a chattel.


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