Ubsdell v. Cunningham

The rejected evidence in this case was contained in two receipts and a deposition. The defendant had the right to *386show that the notes sued on had been included in a previous settlement between him and one of the plaintiffs, and that the receipts taken at the time omitted by mistake to mention them. The evidence offered by the defendant was competent for whatever it was worth, as tending to make out his de-fence ; and if the case had been tried by a jury, it should have been submitted to them and they could have given whatever weight to it they pleased. But the case was tried without a jury ;…