DUPLICATE - Black's Law Dictionary

What is DUPLICATE? Definition of DUPLICATE in Black's Law Dictionary – Legal dictionary – Glossary of legal terms.

verb. To double, repeat, make, or add a thing exactly like a preceding one; reproduce exactly. State v. Ogden, 20 N.M. 636, 151 P. 758, 760.

noun. 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. Lorch v. Page, 97 Conn. 66, 115 A. 681, 682, 24 A.L.R. 1204.

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 originals, each executed by all the parties. Maston v. Glen Lumber Co., 65 Okl. 80, 163 P. 128, 129. The old indentures, charters, or chirographs seem to have had the character of duplicates. Burrill.

That which exactly resembles or corresponds to something else; another, correspondent to the first; hence, a copy; transcript; counterpart; an original instrument repeated; a document the same as another in essential particulars; differing from a copy as being valid as an original. Baker v. Sovereign Camp, W. 0. W., MO. App., 116 S.W.2d 513, 517.

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 v. 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.

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