Robert borrowed $900k on behalf of his company, RRR&G. Robert signed a promisso

Question

Robert borrowed $900k on behalf of his company, RRR&G. Robert signed a promissory note payable to Farmers Bank of Delaware on behalf of the corporation and as a personal guarantor. Farmers Bank had financial difficulty, and as a result it sold many of its notes to the FDIC. Among these notes purchased by the FDIC was the RRR&G note, which was guaranteed by Robert. RRR&G filed for bankruptcy, and the FDIC sued Robert personally for payment of the $900k owed. The FDIC presented photocopies of the promissory note and personal guaranty. Robert objected to these copies being admitted as evidence, since they were not the original notes. Should the photocopies be admitted into evidence in lieu of the original note and guaranty agreement? Why?

Explanation / Answer

The best evidence rule states about copies as; a legal principle that an original copy is a superior evidence. Hence, Robert can object as per the condition stated. But in case the photocopies presented along with affidavit and certified copies than Robert can not object and the photocopies can be admitted into evidence.

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